How can I marry my EB-5 candidate fiancé with a combo card and I-485? - EB5Investors.com
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How can I marry my EB-5 candidate fiancé with a combo card and I-485?

My fiancé has a combo card and a pending I-485 under EB-5 (the new $80k program that doesn’t have a waiting period yet). I’m currently under an H1-B visa, and we are considering getting married. As I understand, because there isn’t a waiting period yet, his I-485 is in “current” status, and if we get married, I can submit the application with him and get the same work authorization. Is that correct? More importantly, I’m wondering if, for whatever reason, this doesn’t work out (green card application fails, divorced, etc.), can I still fall back on my H1-B visa, or is my H1-B status gone completely? I might also go for an MBA in ~2 years. Does a green card application affect my ability to get an F-1 visa, or do I still need an F-1 visa then?

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Answers

Lynne Feldman

Lynne Feldman

Immigration attorneys
Answered on

Yes, once married you can also file an I-485, etc. as the derivative spouse. Your H-1B can continue and you should renew until the green card is actually in hand.

Tony W. Wong

Immigration attorneys
Answered on

First, after you get married with him, you can submit I-485 together with I-765 and I-131 to get the combo card. If you will still be under H-1B, I encourage to keep your H-1B because H-1B allows dual intents, so that if your husband's I-526E or your I-485 is denied, you can still keep your H-1B status. You should try not to use the combo card for work or re-entering the U.S. if you can still use the H-1B to work. Because if you use the combo card, you will lose your H-1B status. You can still use your H-1B visa to come back without using the combo card (advance parole) even after you file your I-485. Only H-1B and L-1 visa allow this.

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