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Changing from EB-5 to spousal sponsorship

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  • Changing from EB-5 to spousal sponsorship

    I wish to sponsor my spouse for permanent residency (I am a citizen). He has a temporary I-551 (not expired) which came from an EB-5 investment. That investment has become fraught, and we want to obtain residency for him as my spouse.

    The I-485 instructions, however, exclude persons who are already a "conditional permanent resident”. I assume Form I-130 is still appropriate in our case, but I’m unsure about the form I-485 component.

    Specifically, he has a "temporary I-551" stamp in his passport with a one-year expiration which was obtained through the EB-5 program. We want to change to a marriage-based route to residency. Is the I-485 still appropriate in this case?
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