I am an EB-5 investor. The conditional permanent residency of my wife was approved 5 months after mine due to an RFE at the I-485 stage. When I file for I-829, should I include my wife in the application? Will she have to file an I-829 separately?
Answers
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Fredrick W Voigtmann
Find the Best EB5 Visa LawyersIf the conditional resident status was approved within six months of each other, you can file on the same I-829. If more than six months apart, individual/separate I-829 petitions should be filed within the respective 90-day filing windows.
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Julia Roussinova
Find the Best EB5 Visa LawyersIf a spouse's condition permanent residency period differs from that of the principal EB-5 investor, a spouse is not eligible to be included in the principal's I-829 petition unless the principal carefully plans to file later under the specific circumstances. An I-829 petition must be filed within the 90-day window of the expiration date of a conditional green card. Work with your immigration attorney to determine if you can postpone the filing of your I-829 petition to as late within the 90-day window as possible to include your spouse in your I-829 filing.
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Charles Foster
Find the Best EB5 Visa LawyersYes, when you file your petition to remove conditions on Form I-829, you should include your wife. She would not have to file a separate I-829 petition.
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Daniel A Zeft
Find the Best EB5 Visa LawyersThe EB-5 investor files the I-829 petition based on the length of time that the EB-5 investor has been a conditional permanent resident. After the I-829 petition is filed, the I-829 petition will be pending for an extended period of time. Your I-829 petition removes the conditions on permanent residency for you and your wife.
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A Olusanjo Omoniyi
Find the Best EB5 Visa LawyersThe approval time gap may continue to affect her application. You cannot include her in your I-829 application because she is not yet qualified to file I-829 when you are. Alternatively, you can hold back and file together since an I-829 applicant can file within 90 days before the two-year period. Thus, the five-month gap may be in reality just two to three months between the two of you. Advisably, consult an EB-5 attorney for calculation of the calendering differences between both of you and find a way to shrink it.
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Marko Issever
EB-5 Broker DealersIt is really your choice. According to USCIS, Instructions for Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, they answer the question "Who May File Form I-829?" as follows: "You may include your conditional permanent resident spouse or former spouse and children in your petition. If your spouse and children are not included on this Form I-829 petition, each dependent must file his or her own petition separately."
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Bernard P Wolfsdorf
Find the Best EB5 Visa LawyersYou may include your conditional permanent resident spouse in your petition. If your spouse and children are not included on this Form I-829 petition, each dependent must file his or her own petition separately.
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Lynne Feldman
Find the Best EB5 Visa LawyersYou may include her if less than six months later.
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BoBi Ahn
Find the Best EB5 Visa LawyersYou may include your conditional permanent resident spouse in your I-829 petition.
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Hassan Elkhalil
Find the Best EB5 Visa LawyersOnly the principal investor must file the I-829 with foiling fee and supporting documents. Dependents will automatically be included.
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Belma Demirovic Chinchoy
Find the Best EB5 Visa LawyersYes, file for everyone on the principal's I-829. It will be pending for two to three years anyway.
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