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How can I add a non-mainland China born spouse to my approved I-526?

I have an approved I-526 for EB-5. I am a mainland China investor. My priority date is December 2014. Given the current waiting period, I expect that my case will be processed in 2020. If I plan to get married in mid-2019 with a Taiwan-born citizen who is on H-1B status, can I add him to my green card application in 2019? Will he have to give up his H-1B status? What will the new timeline be of my EB-5 case if I could add him?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Once you get married, you can notify NVC of the marriage to take advantage of the cross-chargeability to your spouse and then proceed with immigrant visa processing or adjustment of status. Your spouse will be a conditional permanent resident, as once you are admitted to the U.S. on am immigrant visa or once your adjustment of status applications is approved.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    When you get married, your lawyer could notify NVC or USCIS of the marriage to take advantage of the cross-country changeability and file the adjustment application or immigrant visa application. I would think he would rather be a green card holder than holding onto his H-1B, especially under the Trump administration.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, this is possible. Even better, you can cross-charge to his country of birth and probably file sooner than the PR china priority date.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    This would require some additional research, but I believe if you marry someone from Taiwan, you can both come under the Taiwan quota and could apply for green cards as soon as your I-526 is approved. Any chance to marry sooner?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you marry a non-mainland Chinese person whose priority date is available, then your priority date immediately becomes available and you can apply immediately for a green card.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    When the NVC issues its invoice, it will usually only send it to the primary investor (you). At that time, you can notify them of your spouse and any minor children to be included in the process. H-1B allows for dual intent, so they can keep that going while pursuing the green card as your spouse. Because you are the primary investor, I do not believe the timelines will be changed.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your spouse may be added before the immigrant visa or adjustment of status (if in the U.S.) stage and you can then benefit from the cross-chargeability of your spouse's country of birth. He can maintain his H-1B status during the processing, since H-1B is a dual-intent visa status.

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    Charles Foster

    Immigration Attorney
    Answered on

    You actually have very good options with the backlog under the quota for Chinese nationals once you have married an individual born in Taiwan, which would allow you to cross-charge and be subject to the separate quota for Taiwan. Given the fact that your spouse is on H-1B status, you would immediately be eligible for H-4 status and, once admitted to the U.S., the two of you could immediately apply for adjustment of status on Form I-485. Your spouse will not have to give up his H-1B status until such time as your application for conditional lawful permanent residency is approved. The timeline would be primarily the adjudication time of your I-485 application, which could be anywhere from 9 to 12 months, depending upon the jurisdiction in which you apply.

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