How should I-829 applications be filed if the conditional permanent residency of the principal applicant and the dependent are approved at different?

If the conditional resident status was approved within six months of each other, you can file on the same I-829. If more than six months apart, individual/separate I-829 petitions should be filed within the respective 90-day filing windows.

If a spouse&#39s condition permanent residency period differs from that of the principal EB-5 investor, a spouse is not eligible to be included in the principal&#39s I-829 petition unless the principal carefully plans to file later under the specific circumstances. An I-829 petition must be filed within the 90-day window of the expiration date of a conditional green card. Work with your immigration attorney to determine if you can postpone the filing of your I-829 petition to as late within the 90-day window as possible to include your spouse in your I-829 filing.

Yes, when you file your petition to remove conditions on Form I-829, you should include your wife. She would not have to file a separate I-829 petition.

The EB-5 investor files the I-829 petition based on the length of time that the EB-5 investor has been a conditional permanent resident. After the I-829 petition is filed, the I-829 petition will be pending for an extended period of time. Your I-829 petition removes the conditions on permanent residency for you and your wife.

The approval time gap may continue to affect her application. You cannot include her in your I-829 application because she is not yet qualified to file I-829 when you are. Alternatively, you can hold back and file together since an I-829 applicant can file within 90 days before the two-year period. Thus, the five-month gap may be in reality just two to three months between the two of you. Advisably, consult an EB-5 attorney for calculation of the calendering differences between both of you and find a way to shrink it.

It is really your choice. According to USCIS, Instructions for Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, they answer the question "Who May File Form I-829?" as follows: "You may include your conditional permanent resident spouse or former spouse and children in your petition. If your spouse and children are not included on this Form I-829 petition, each dependent must file his or her own petition separately."

You may include your conditional permanent resident spouse in your petition. If your spouse and children are not included on this Form I-829 petition, each dependent must file his or her own petition separately.

You may include her if less than six months later.

You may include your conditional permanent resident spouse in your I-829 petition.

Only the principal investor must file the I-829 with foiling fee and supporting documents. Dependents will automatically be included.

Yes, file for everyone on the principal&#39s I-829. It will be pending for two to three years anyway.