The EB-5 Process and Marriage or Divorce

The EB-5 investors visa program is one of the best ways to enter the United States and provide green cards for the investor, their spouse and any children (below the age of 21).

In some cases, an investor may get married or even divorced. This article will discuss the scenario of if an investor decides to get married or divorced while going through the EB-5 process.

At the time of filing the I-526 (Immigrant Petition by Alien Entrepreneurs), a married investor must include the name of his spouse in the petition to the USCIS. Once the National Visa Center (NVC) provides approval of the I-526 petition, the investor’s spouse should also be added to the fee bill.

Marriage and the EB-5 Visa

IF an investor is married after the I-526 approval takes place, steps must be taken to have the spouse added to the petition and with the NVC. Documentation concerning the marriage and other relevant information may be required to achieve that.

If an investor has already gained their conditional green card, and then gets married but has not yet entered the United States, a request can be made to add the new spouse to the I-526 petition. If the investor has already entered the US, their spouse may apply for an Adjustment of Status to enter the US and join the investor.

And lastly in cases where an EB-5 investor has already obtained their permanent green card and gets married, their spouse may also obtain immigrant visa status through the Family Based category to qualify to enter the US.

Divorce and the EB-5 Visa

In the unfortunate event of a divorce during the processing of the I-526, the investor should notify the NVC as soon as possible to amend the petition.

The notification must be made that the spouse will be unable to join them in the US. If the divorce occurs during the Adjustment of Status process, the investor will need to provide a divorce certificate along with the application.

In the case of a divorce occurring during the conditional residency period, the spouse may still be added to the I-829 petition or could be eligible to file alone to remove the status and gain their own permanent residency status.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in February 2022, and continues to work with international families that want to explore alternative residency options.

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