As the principal applicant of our EB-5 case, I just got my I-485 approved and received my green card. My wife needs to apply for an EB-5 visa at the U.S. consulate in our home country. Can she file a DS-260 on her own as my dependent? If so, what documents does she need to provide?
Answers
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyShe can file an application to join since you are in the U.S. and have obtained your permanent residency. She must submit documents showing the relationship between both of you, particularly the marital relationship and all associated information included in the underlying I-526 approved petition.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, she must schedule an appointment and file the DS-260 application.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should have included an I-824 with the adjustment filing, although there may be other options to process a derivative following to a joint application. If you have not filed, file it now.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you applied in the U.S., she will need an approved I-824 first for the consulate process.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, she can. She will need to provide copies of your approval notice for I-526, your I-485 approval and a marriage certificate, along with her supporting documents.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyThat is the classic "follow to join" process. An immigration attorney can definitely help with that.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYour wife needs to complete the "follow to join" process. Your attorney can initiate it with USCIS.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyYes. This is called a follow-to-join. She needs to provide all of her civil documents, including birth certificate, marriage certificate and police clearance certificate, and show a copy of your green card. You may need to file a Form I-824 to request USCIS to notify the consulate in your home country of your I-526 approval and adjustment of status. That will start the immigrant visa processing of your wife.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt seems to me that you need to submit a form I-824 notification.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.