I am on an H-1B visa and will apply for an EB-5 visa. My spouse is on J1 and must apply for a waiver next year. Can I apply now and add her to my EB-5 petition once her waiver begins? What would happen to her if I were on a conditional green card at that time? Will I need to apply for her separately via F2A, etc.?
Answers
Bernard P Wolfsdorf
Immigration attorneysIf you married then she can apply to join derivative as soon as she has the waiver.
Lynne Feldman
Immigration attorneysAs long as you are married before your conditional permanent residency is approved, your spouse can file to adjust after the waiver is approved even if you are already a condition resident.
Belma Demirovic Chinchoy
Immigration attorneysThey key for your spouse is not to be on your EB-5 petition but to apply for residence at the same time as you. She cannot file for adjustment of status to residence without a J waiver and she might need a separate sponsorship. Your attorney will guide you in this process.
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