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When should I file I-829 for my wife?

I married my spouse after obtaining my conditional green card. She is not part of my I-526 petition. I filed I-130 for her (F2A) and she is currently pending with her I-485. As I am filing the I-829 to remove my conditions, should she also be included in this form or do I just need to fill in my own information?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It may be worth it. I would want to review everything to help you develop a plan for a successful process.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Based on the info provided, your wife is not a part of your EB-5 case and thus does not need to have an I-829 filed on her behalf. However, the I-829 form asks for spouse/children info and it must be provided. You can indicate for each person whether or not they are a part of the I-829 petition.

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    Michele Franchett

    Immigration Attorney
    Answered on

    This is an area where USCIS policy has been in flux, and there are conflicts between the new regulation and the preamble to the regulations.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You need to complete the I-829 completely and accurately, so you should include her information on the form as your spouse. You can check "No" in the box that asks if she is applying with you.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you married her after you got your green card, you cannot just add her to your case. You will need to file an I-130 petition for her. If she is in the USA, she might be able to file for her green card at the same time (depending on whether the quota is current for her birth country).

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You would just include yourself - she will not need this as she is coming in the family category.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    I would list her but since she is not yet a permanent resident, she is not eligible at this time to file for removal so it may be advisable to refile for her during her 21-24 month period of conditional residence after she is approved, unless USCIS approves her based on your filing.