The EB-5 Program is extremely popular for foreign investors who want to immigrate to the United States with their spouse and children.

But what happens if you want to divorce during the process? Are there issues with divorcing during the EB-5 application process? Should you wait to get divorced?

Are you concerned that your divorce will cause problems for you or your ex-spouse’s application status? Can you or your ex-spouse still obtain a green card if you are divorcing during the EB-5 application process?

The question of whether or not divorce will affect your EB-5 status depends on what stage of the application process you are at and whether or not you are the primary applicant.

If the EB-5 investor divorces prior to the I-526 Petition approval, then he or she must notify the National Visa Center and inform them of the divorce, as their ex-spouse may no longer be eligible to obtain permanent residency status.

At the I-485 petition stage for adjustment of status, documents supporting family relationships, such as marriage certificates must be filed. Therefore, a divorce during that stage would present problems for the ex-spouse. Any children from the marriage, however, may still be listed as dependents on the primary investor’s application.

If you and your ex-spouse are at the pending I-829 Petition stage and have already received your conditional permanent residency, then permanent residency status is individual. Divorce shouldn’t present an issue with either of your EB-5 immigration statuses.

The non-primary spouse can be included in their ex-spouse’s I-829 Petition or they can file their own I-829 Petition to remove conditions.

If the primary applicant (principle investor) withdrew their investment or was denied at the I-829 Petition stage, then that would affect their ex-spouse and children’s (the dependents’) statuses.

If you haven’t divorced yet and are considering investing in the EB-5 Program, or are at the I-526 Petition stage, consult with an experienced immigration attorney to learn more about your options.

If you have any questions about the EB-5 Program, send us a message.