I do not have any plans of getting married yet and I intend on applying for the EB-5 soon. I am an Indian citizen and presently in the United States on OPT. If I get married to another Indian citizen, can she be added to my EB-5 application after I-526 approval, but before the adjustment of status is complete? What about while I have the conditional green card – can I add her to my application so she does not have to go though the priority date waiting period?
Possibly, yes, with the assistance of an immigration lawyer who can help you with the proper procedures and documentation.
Yes; as long as you marry before you receive your conditional lawful permanent resident status (in your case, before your adjustment of status application is approved), your spouse would be included with you in your EB-5 case. If you marry after you become a conditional lawful permanent resident, then you will have to petition for your spouse in the F2A category, which currently is about a two-year wait.
The new spouse can be added when the EB-5 investor is either applying for the conditional permanent residency, or when filing the I-829 petition to remove the conditions of the conditional permanent residency two years later.
She can be added to your EB-5 application after I-526 approval, but before the adjustment of status is complete. Once you receive your two year green card, she can only get the green card based on the marriage with you, not the EB-5 green card.
You can add a new spouse before you file for adjustment or consular process for an immigrant visa abroad (upon approval of the I-526 petition). If you become a lawful permanent resident and want to marry at that time, then your new spouse will have to wait to immigrate to the United States under the F2A preference category.
Ideally, the spouse should be included in the initial application. If you marry after submission, then if you are married you should include the spouse in your I-485 petition. If after you receive the conditional residence, the spouse, I believe, would be put on the priority date for the spouse of a permanent resident.
In terms of when you would be able to remarry and you could include your new spouse, you have a great deal of flexibility. You could any time after your I-526 investor petition is approved and a visa number is available and before you file an application for your adjustment of status, provided you were married by such date; you could include your spouse and she could concurrently file an application for her adjustment of status even if you are just married.
You have to get married before you file for adjustment. If you marry after, your spouse is an F2A, with an about two to three year wait.
You can add your spouse at any time between the approval of your I-526 and your visa application or adjustment of status application. Once you are a permanent resident, the matter is more complicated and you should consult with an experienced immigration attorney to discuss your specific case.
Since the I-526 form does not have any place where an EB-5 investor could list his family, you may only add the family members after the I-526 is approved. Thus, if you get married after the I-526 is submitted but before it is approved, you could definitely add your new spouse and file the adjustment of status application together. If your new spouse is in India rather than legally in the United States, when the I-526 is approved, then you will have to do the following-to-join application for her to be consulate processed in.
The simple answer is generally yes - however, you should talk this over with your investment immigration attorney.
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