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How can I file a green card application for my wife with a pending I-829?

My parents and I got conditional green cards through EB-5 in 2016. Our I-829 is still pending. In 2018, I married my wife. She is now working on an H-1B visa. Can I file a green card application for her? Will she be granted a green card while my I-829 is pending?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    As a permanent resident you can file a petition for your wife to obtain conditional permanent residency when the marriage is less two years old. When the priority date becomes current, and your wife has maintained her H-1B status, she can the file her application for conditional permanent resident status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to file an F-2A spousal petition. It takes about two years presently.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You can file I-130 for a spouse of a lawful permanent resident. However, she will not be able to adjust status in the U.S. for a while until her priority date becomes current and an immigrant visa number becomes available to her. Therefore, she must maintain an underlying H-1B status until she is able to adjust in the U.S. Please note that, because your marriage is less than two years, her green card will be a conditional one and she will need to file I-751 to remove conditions. If you wait longer and your marriage is two years old, then she would receive a permanent green card and would not need to do an I-751 petition. Please also note if the I-829 is not successful for some reason, your spouse would not be able to obtain permanent residency based on your I-130 petition and may need to explore other employment-based options to immigrate to the U.S.

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    Ying Lu

    Immigration Attorney
    Answered on

    A conditional permanent resident may file a petition on Form I-130 on behalf of his or her spouse. Once the I-130 is approved, your wife will be able to file I-485 if she maintains her H-1B at that time.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would err on the conservative side and wait until you have full LPR (approval of I-829).

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    Laily Boutaleb

    Immigration Attorney
    Answered on

    Yes, you can petition for your wife as F2A category, while your I-829 petition is pending. Keep in mind that you have to wait until the priority date is current for her case and there will be a longer waiting period. If your I-829 is denied, she will not obtain permanent residency.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, it's a family-based petition, F2A category.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    She will have a place in line under the FB-2a queue if you file an I-130 for her.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    While technically, a conditional residency holder could file a family-based petition (I-130) for his spouse, since your conditional residency is based on being a derivative, I would wait until your I-829 is approved to file I-130. Also, when you have been married less than two years, her green card also will be conditional, which means that she also needs to file for I-751 removal of condition. Perhaps if you wait until I-829 is approved, her I-130-based green card may not need to be conditional, if married for two years already.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No problem. Yes! As a conditional green card holder you are allowed to apply for your wife under F-2A. You would simply file Form I-130 on her behalf. Luckily, she has a H-1B visa, so she can remain here in the U.S. while waiting for her priority date to become current.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can file a Form I-130 petition to sponsor your wife for green card since you are a conditional permanent resident. However, if for any reason your I-829 is denied, the petition for your wife will be similarly denied as well.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you may, as a conditional permanent resident, file an F-2A family immigrant visa petition on behalf of your spouse. The fact that you obtained your conditional green card in 2016 means that sometime in 2021, you will become eligible to become a U.S. citizen, for which there would be no backlog under the quota. Currently, depending of your wife's nationality, there could be a backlog of at least one year or longer; thus it's important that you file your I-130 petition for your wife as soon as possible.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can file for your spouse as a family-based petition (as a spouse of a lawful permanent resident). There is a two-plus-year waiting period for this category (family-based second preference), but since she is maintaining H-1B status, she can still remain/work in the U.S. while you process for her.

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