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Question:

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How will a spouse's I-485 denial affect an EB-5 investor's I-829? I applied for the EB-5 visa and my I-526 was approved. After which, my wife and I applied for the Adjustment of Status (I-485) within the United States. My AOS was approved, but wife's AOS was denied due to some reasons. How will this affect the removal of conditions (I-829) for myself? Will my form I-829 be denied or delayed because of her denial (they ask for my wife's status on the form I-829)?

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Answers:

February 16, 2015 11:50 Ed Beshara

As you are the investor the I-829 will be filed by you and will be approved for you on the basis of the information and documentation you provide on the project and your personal information. The denial of your wife's I-485 application will not effect your I-829. If your wife can find a waiver of the ground of Inadmissibility then she may still become a beneficiary of your I-829 application.

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