If I am the principal EB-5 investor and do not include my husband on the I-526 petition when I first file it to avoid a dual intent conflict, will I be able to add him to the application later? Will we still get our green cards at the same time?
You would be able to add him when applying for conditional permanent residency, and other points after that as well. Please work with experienced immigration attorneys who can assist you with strategies and filings.
If your marriage takes place before you obtain your green card, your spouse may be eligible to acquire a green card by seeking following-to-join. You may need to contact the consulate post that issued your green card or file a series of applications with USCIS to get the process started for your spouse.
After your I-526 is approved; your husband may file for his resident card at the same time that you file for yours.
You may be able to add your husband when you are dealing with the National Visa Center. Typically, you need to ask the NVC to send visa bills for the dependents.
What dual intent conflict will justify leaving your spouse out? Basically, if you file the I-526 petition you will get a conditional green card and if your husband is not included, he will not get one. Also, unless there is a delay in processing, the chance of adding your husband to the application later may not be there. Before proceeding further on this idea, consult an EB-5 attorney to go over various parts of your plan.
The I-526 petition itself does not require a dependent's information. You include dependent information on your DS-260 immigrant visa application or on your I-485 application for adjustment of status. You can add your husband to the case at the NVC immigrant visa processing stage.
You do not have to include your husband on your I-526 petition. You can include your husband on a later date either at the time you apply for your immigrant visa abroad or, if in the United States in valid status, when you file for adjustment of status. In such case you would normally receive your lawful permanent residency or so-called "green card" status at the same time.
I am not sure why the concern with the "dual intent" issue. I presume you could include your husband in the I-485 application once you have received approval of your EB-5 petition.
The current version of the I-526 does not require one to list a spouse, so it is not clear what you mean when you say you did not list him when you filed. He is automatically derivatively included by virtue of your marriage. Unless you included a statement that he does not wish to immigrate with you, what you describe is not clear.
You can add your husband at the visa or adjustment of status stage of the process once the I-526 has been approved.
You can add your husband with the first application. Why wait? Not sure what you mean about the dual intent question, however. Are you here on another visa now? Are you applying for another visa abroad?
When your application is approved, you can add your qualified family members to the processing for your immigrant visa package.
