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

I am an EB-5 investor. The conditional permanent residency of my wife was approved 5 months after mine due to an RFE at the I-485 stage. When I file for I-829, should I include my wife in the application? Will she have to file an I-829 separately?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    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.

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    Charles Foster

    Immigration Attorney
    Answered on

    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.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If a spouse's condition permanent residency period differs from that of the principal EB-5 investor, a spouse is not eligible to be included in the principal's 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.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    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.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    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.

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    BoBi Ahn

    Immigration Attorney
    Answered on

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

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may include her if less than six months later.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    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.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    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."

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    Belma Chinchoy

    Immigration Attorney
    Answered on

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

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

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

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