How can I file an I-824 for my wife with a pending I-485? - EB5Investors.com

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

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: 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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
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.

BoBi Ahn

BoBi Ahn

Find an EB-5 Visa Lawyer: 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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Charles Foster

Charles Foster

Find an EB-5 Visa Lawyer: 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.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: 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&#39t 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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.