Can You Apply for a Marriage-Based Green Card If You Marry a U.S. Citizen While Your EB-5 I-829 Is Pending?

Recently, someone asked:

“I’ve already filed my EB-5 I-829 petition to remove conditions, and it’s still pending. If I marry a U.S. citizen during this period, can I directly file an I-485 for a marriage-based green card?”

Simply put: In general, this is not a straightforward or recommended approach.

1️⃣ First, what is your status while the I-829 is pending?

Filing an I-829 does not mean that your two-year conditional green card status has ended.

The EB-5 process generally works like this:

EB-5 approved → 2-year conditional green card → timely file I-829 → 10-year green card after approval

While your I-829 is pending, you remain an EB-5 Conditional Permanent Resident. Under the statute governing EB-5 conditional permanent residence, an investor remains a lawful permanent resident on a conditional basis while subject to the I-829 process.

2️⃣ Why can’t you simply file another marriage-based I-485?

The key issue is that you are already a conditional lawful permanent resident.

You are not simply a nonimmigrant applicant seeking permanent residence for the first time. Your EB-5 conditional permanent resident status is already an LPR status, subject to the conditions imposed by the EB-5 program.

Therefore, simply marrying a U.S. citizen does not automatically mean you can obtain a second green card through a new adjustment-of-status application.

3️⃣ Are there cases where someone filed a marriage-based I-485 while I-829 was pending?

Yes, there have been real-world cases involving this situation.

For example, we have handled a case in which a client had an EB-5 two-year conditional green card, married a U.S. citizen while the I-829 was pending, and then attempted to file a marriage-based I-485.

The case was successfully filed and continued moving forward.

However, successful filing does NOT mean guaranteed approval.

In that case, during the marriage-based green card interview, the officer indicated that the marriage itself was bona fide and not an issue. However, because the applicant already had an EB-5 conditional green card, the officer took the position that the marriage-based green card could not be approved while the EB-5 conditional permanent residence remained in place.

In other words, the officer indicated that the I-829 would need to be denied first before the marriage-based green card could potentially be approved.

⚠️ This type of case should not be interpreted as establishing that USCIS will approve every marriage-based I-485 filed while an EB-5 I-829 is pending. A filing being accepted or receiving a receipt notice does not establish ultimate eligibility.

4️⃣ So what is the safer approach?

Generally, the more cautious approach is to continue waiting for the I-829 decision rather than trying to use a second adjustment application to obtain another green card.

If the I-829 is denied or the EB-5 conditional permanent resident status is otherwise terminated, the analysis may change, and the marriage-based immigration route may then need to be evaluated based on the circumstances at that time.

💡 Bottom Line

1. While your EB-5 I-829 is pending, you generally remain an EB-5 Conditional Permanent Resident; filing a new I-485 simply based on a subsequent marriage to a U.S. citizen is not a straightforward second path to permanent residence.

2. Although there may be individual cases where a marriage-based I-485 was filed and continued to move forward, filing successfully does not mean the application will ultimately be approved.

3. Because the interaction between EB-5 conditional permanent residence, I-829 proceedings, and a subsequent marriage-based case can be highly fact-specific, the safest strategy should be evaluated based on the individual case.

This is general information, not legal advice.

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