Questions and Answers > Other Eb-5 Questions

How can I apply for marriage-based green card with a pending immigration petition?

Currently, I have applied for a green card based on employment since 2018. Can I still apply for a green card based on marriage? Do I need to wait until a decision is given for my employment-based immigration case?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on November 2, 2020

  You can apply for the marriage-based case while the I-526 is pending. You do not need to wait until a decision is made on it.

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 2, 2020

  Since family and employment processes are completely different, maybe you can. I would look into this further for the particulars.

• Dale Schwartz

  Immigration Attorney

  Answered on October 30, 2020

  No. You can apply now. Leave the EB-5 case pending until you get your green card through marriage. It takes about a year.

• Stephen Berman

  Immigration Attorney

  Answered on October 30, 2020

  Yes, you can file for adjustment based on marriage if you have another adjustment pending.

• Grant Kaplan

  Immigration Attorney

  Answered on October 30, 2020

  Yes, you can and we will be happy to assist and prepare and file everything for you.

• Steven D Heller

  Immigration Attorney

  Answered on October 30, 2020

  Yes. Just because you have one application pending, you are not prevented from filing another application.

• Lynne Feldman

  Immigration Attorney

  Answered on October 30, 2020

  No, you may have two cases filed concurrently and at the immigration interview, you will advise the officer which one you want to get the green card under.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on October 30, 2020

  You can apply via multiple avenues. If you married now, then you can apply based on a good faith marriage.

• Ying Lu

  Immigration Attorney

  Answered on October 30, 2020

  You can apply for a marriage-based green card concurrently.