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Will my wife get a green card if I file an EB-5 application before we get married?

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

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You 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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you are married before your actual green card is received, she may apply as a derivative.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    You should get married before you file the I-526 application.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, she will, if you get married before your adjustment of status case is approved is approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I think it would be OK to add her before applying for the actual green card.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    Yes, 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.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Yes, 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.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Provided 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.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Yes, you can add your derivatives after the I-526 is approved at the time when you either adjust status or do consult processing.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, 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.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can include your wife after the marriage.

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