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How can I file an I-824 for my wife with a pending I-485?

My I-526 application was just approved. I am in the U.S. on a non-immigrant visa. My wife is currently living in our home country. I want her to join me immediately in the U.S. Waiting for my I-485 approval and then her EB-5 visa approval takes too long. Should I file an I-824 for my wife while applying for my I-485 adjustment of status?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The quickest way is for your spouse to enter on a nonimmigrant visa. Alternatively, the consular process together for immigrant visas abroad after I-526 approval if I-526 indicated consular processing. I-824 will not be quick and what it does is to notify a consulate of your permanent resident status for the process to be started for your spouse.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    The quickest way your wife can join you in the United States would be for her to get a non-immigrant visa, such as a student visa or a tourist visa. Once in the U.S., she could file I-485 together with you. USCIS has a provision on its website that might be applicable to your case before you file for I-485. They say, "If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation." I am not sure if this also applies to a spouse. I would double check with an experienced immigration attorney about this provision.

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    Charles Foster

    Immigration Attorney
    Answered on

    Given the fact that you have not yet acquired lawful permanent residency, you would have to wait for the approval of your application for adjustment of status on Form I-485 before you could request USCIS on the Form I-824 to notify the appropriate American consulate abroad that your wife is eligible to immigrate as your derivative. Thus, it will not be possible to file a separate application on Form I-824 at this time.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, the I-824 should be filed simultaneously with the I-485. When approved, she can process abroad.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Quickest would be to have her enter the U.S. on a non-immigrant visa (if your visa status has a derivative spouse possibility, that would be the easiest) then apply for I-485 at the same time as you.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If she has a non-immigrant visa already she can join you. The I-824 is to notify the consulate of your PR approval so her case wouldn't even start until you are a PR if she consular processes. If I-526 selected consular, it might be easier for you both to consular process.

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