I filed my I-485 through EB5-RIA when my priority date was current and is now pending. I recently got married and want to add my spouse to my case. Does my spouse need to be added to my I-526 petition, or can she file her I-485 as a derivative applicant? If the Visa Bulletin now shows a retrogressed priority date, does it affect her eligibility? Can she file her I-485 immediately since my priority date was current when I filed? Will she be eligible to receive an EAD based on her I-485 filing?
Answers
Lynne Feldman
Immigration attorneysThe January Visa Bulletin is allowing filing per Filing Date chart so check that with your Priority Date and let us know if you need help with her filing.
Lynne Feldman
Immigration attorneysYour Priority Date needs to be current when she files – she just files the I-485 with proof of your I-526 approval, her relationship to you (marriage certificate and divorce decrees for both of you, prof Priority Date is current at the time she files.
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