I filed my EB-5 I-485 when I was single and have already received my EAD and advance parole. I will be married soon, and my wife is currently on a B-1 visa, which only allows her to stay for 6 months. I am wondering if there is any way for her to legally stay in the U.S. for a longer time and apply for an EAD before my I-485 is approved? What should we do?
Answers
Dennis Tristani
Immigration Attorneys DirectoryOnce you marry, your wife can file an I-485 application based on your pending I-485 application (assuming she is still in the U.S.). She will be able to stay in the U.S. after her B-1 status expires if she has a pending I-485 application.
Lynne Feldman
Immigration Attorneys DirectoryFile an I-485 for her as well if Priority Date is still current.
Ying Lu
Immigration Attorneys DirectoryShe should file her I-485 after you two get married but before your I-485 gets approved. In that way, she will be able to get the conditional residency at the same time as you.
Stephen Berman
Immigration Attorneys DirectoryIf the visa is available, you can get married and she can file for adjustment as your spouse.
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