Questions & Answers

How can an EB-5 investor and his dependent proceed with the I-485/DS-260 process separately?

I am the principal applicant of an EB-5 case. My wife was listed as a dependent and is currently in the U.S. as an F-1 student. After our I-526 is approved, can I apply for an EB-5 visa at the consulate in my home country, while my wife applying to adjust her status in the U.S.? Do we both have to proceed together with the same process?

Answers

• BoBi Ahn

  Immigration Attorney

  Answered on August 6, 2019

  Better to process together to avoid delays and complications. If that is not possible, then if you (as the principal) consular processes for the immigrant visa and your wife is opting to adjust in the U.S., she will have to wait until your processing for the immigrant visa is completed and you enter the U.S. on the IV, before she can file for her adjustment of status as a following to join your processing.

• Julia Roussinova

  Immigration Attorney

  Answered on August 6, 2019

  Your wife may file AOS in the U.S. after you enter the U.S. as a conditional permanent resident. She may choose to consular process with you at the same time and both of you will get admitted as conditional permanent residents. She may not file AOS in the U.S. until you get admitted in the U.S. as a conditional permanent resident.

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 5, 2019

  Generally, the primary applicant would obtain permanent residency first, enter the U.S. and then the family member would file to adjust. But I would review your full immigration history and plans first, so please consult with an immigration attorney!

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on August 5, 2019

  It is advisable that both investor and dependent proceed together. In most cases, the interview is likely to be where the investor lives. However, if it is absolutely impossible, the investor should be the one to go first before the dependent. Advisably, consult your attorney to plan this together.

• Lynne Feldman

  Immigration Attorney

  Answered on August 1, 2019

  You have to process first or together. Alternatively, your wife can wait until you enter the USA and then start her adjustment or fly home for an interview with you at the consulate.

• Marko Issever

  EB-5 Broker Dealer

  Answered on August 1, 2019

  You have many options and they are all feasible. After your I-526 is approved, the easiest way would be for your wife to join you briefly in your home country and for the two of you to do consular processing together. She could then come back to the United States with you to live and resume her studies, and would no longer need the F-1 visa since she would be a conditional green card holder. Alternatively, you yourself could go for consular processing of your application through filing the DS-260, and upon approval enter the U.S. Once you have entered into the U.S, your wife could apply to adjust status as a follow-to-join dependent candidate.

• Hassan Elkhalil

  Immigration Attorney

  Answered on August 1, 2019

  Ideally, it is better to process both at the same time. You can process your EB-5, then do follow to join or file for adjustment for your wife when you are in the U.S.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 1, 2019

  You can consular process first and your wife can file a following to join adjustment after you enter with your green card. However, it would be best if you all apply together at the consulate/embassy.