I am the primary applicant, and my conditional green card was approved a few weeks before my spouse’s. Can we jointly file the I-829 based on my renewal eligibility window, or should we wait a few weeks so that both of us are in it?
Answers
Renata Duarte
EB-5 Immigration attorneysYou do not need to wait for the spouse’s separate 90-day window if the principal investor is already within the proper I-829 filing window and the spouse has already received conditional permanent residence. For EB-5 cases, the I-829 filing period is calculated from the principal investor’s conditional permanent residence date. The principal investor may include the conditional permanent resident spouse and children in the same I-829. If the spouse’s approval occurred a few weeks later, that should be explained in the filing, and copies of both green cards and approval notices should be included. Waiting until both dates overlap is acceptable only if the principal investor’s filing deadline will not be missed.
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