My parents got green cards through EB-5 in 2016. I applied for Follow to Join in 2018. I currently only have a conditional green card and the I-829 applications of my parents are still pending. Can I get married and apply for a green card for my wife? My attorney said that my I-829 will be denied if I become married. Is that true?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you are already a conditional permanent resident, then marriage does not destroy eligibility for a full green card.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyI do not believe that is the correct answer but would need to research. I think you may only need to file your own I-829 in that situation with a separate fee.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyDerivatives are defined as unmarried children under 21 for the initial filing of the adjustment of status or immigrant visa processing. If your parent has already filed the i-829 to remove the conditional permanent resident, you are no longer subject to the age or marriage requirements since you are already permanent residents.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should not get married until your I-829 is approved. As a dependent, your wife cannot obtain her own permanent residency through the same EB-5 you are currently pursuing permanent residency. This is simply because dependent children are supposed to be under 21 and unmarried. Thus, you should wait until your I-829 is approved and then, subsequently marry, file an I-130 petition for your wife and if approved, then finally file I-485 for your wife. Advisably, consult an attorney on these procedures to ensure proper processing.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyI believe that may be correct.
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