I want to apply for EB-5 this year as an unmarried H-1b worker in the U.S. I plan to get married next year. Will I be able to add my wife”s name in the application as a spouse after I get married? Will there be an issue for her to get a green card along with me as her name will not be in the initial applications?
Answers
Lynne Feldman
EB-5 Immigration attorneysAs long as you are married before your actual green card is received, she may apply as a derivative.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYou will not need to add her to the EB-5 petition but will need to be married prior to processing your visa or filing for AOS, which is the stage where you can add a dependent.
Daniel A Zeft
EB-5 Immigration attorneysYou should get married before you file the I-526 application.
Michael A Harris, Esq
EB-5 Immigration attorneysYes, as long as you marry your spouse before you obtain your immigrant visa at the embassy, or your green card issued to you by USCIS through its adjustment of status process.
A Olusanjo Omoniyi
EB-5 Immigration attorneysYou can include your wife after the marriage.
BoBi Ahn
EB-5 Immigration attorneysYes, you need to be married before the adjustment of status is filed, she can then be included in the green card processing by having her file for adjustment along with yours. There is no need to add her to the I-526 petition.
Irina A. Rostova
EB-5 Immigration attorneysYes, you can add your derivatives after the I-526 is approved at the time when you either adjust status or do consult processing.
Bernard P Wolfsdorf
EB-5 Immigration attorneysProvided you enter in a good faith marriage before your green card is approved, your spouse is eligible to apply for the same visa as you.
Vaughan de Kirby
EB-5 Immigration attorneysYes, many of our clients have married after filing their EB-5 application. We do recommend that your marriage take place before your EB-5 application is adjudicated by USCIS. This will reduce the chance that USCIS will see the marriage as motivated by the immigration benefit.
Salvatore Picataggio
EB-5 Immigration attorneysI think it would be OK to add her before applying for the actual green card.
Dale Schwartz
EB-5 Immigration attorneysYes, she will, if you get married before your adjustment of status case is approved is approved.
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