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

You can&#39t add your new spouse to a petition which was approved I-526 prior to the marriage. However, you can add the new spouse to your green card application when a visa is available since is there is a change of status, beginning from mid-2019, for you. Also, your decision to add your spouse to the green card application, as a result of your marriage, will not negatively affect his current H-1B status. The new timeline for your EB-5 case would certainly be when your case is processed some time in 2020 or shortly thereafter. Last but not least, ensure the USCIS knows of your change of status as soon as possible by updating your records. Advisably, talk to your EB-5 attorney to ensure right steps are taken.

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.

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.

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&#39s country of birth. He can maintain his H-1B status during the processing, since H-1B is a dual-intent visa status.

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.

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.

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?

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.

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.