Marriage And Divorce During The EB-5 Process

What happens if an EB-5 investor marries or divorces during the EB-5 process?

One of the major benefits of the EB-5 Program is the EB-5 investor’s spouse and certain family may be eligible for a green card under his or her application, but life events, such as marriage and divorce, may make the EB-5 process longer or more complicated.

If an EB-5 investor is married and filing the I-526 Immigrant Petition by Alien Entrepreneurs, he or she should include their spouse in a letter along with the I-526 petition when filing with the USCIS. Once the I-526 petition is approved the National Visa Center will add the spouses name to the fee bill they issue. If this step is overlooked, the EB-5 investor will have to later request to add the spouse to the fee bill, a step that can make the EB-5 process take longer.

If the EB-5 investor gets a divorce while the I-526 petition is being processed, he or she must notify the National Visa Center of the divorce so that the petition is amended to show that the spouse is no longer immigrating to the U.S.

If the EB-5 investor gets married after the approval of the I-526 petition, their spouse can still be added to the National Visa Center fee bill. The spouse must obtain and submit all the requested documentation and forms, including the marriage certificate. If the EB-5 investor has received his or her immigrant visa, but has not yet left and entered the U.S., and has gotten married, his or her spouse may still request to be added to the I-526 petition. He or she may join their spouse to the U.S. If the EB-5 investor is married after the I-526 petition is approved and is already in the U.S. then his or her spouse can apply to Adjust Status to be able to join their spouse in the U.S.

If the EB-5 investor and their spouse have divorced while in the process of applying for Adjustment of Status, the EB-5 investor must submit the divorce certificate with the application.

If the EB-5 investor marries after he or she received conditional green card status, his or her spouse may also be eligible for immigrant visa status under the Family Based category.

If they get divorced during this period of conditional green card status, a spouse may be included in the I-829 petition or may file their own to remove conditions and receive permanent residency.

For the March 2016 Visa Bulletin, click here.