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How can I apply for EB-5 as a single person and get married afterwards?

I currently hold an F-1 visa, and my girlfriend is a legal non-immigrant who holds an F-1 visa as well. We plan to get married this December, but I want to apply for EB-5 before December in order to receive early review (hopefully). If we get married after I have filed EB-5, will she be considered on the same application as me? Will there be any additional requirements for her?

Answers

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    When your I-526 is approved and you are ready to file the adjustment application, you could file the same for your new wife with the marriage certificate as evidence. Your immigration lawyer who helped you with filing the EB-5 case could see you through to the end and add your wife.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you get married before you receive your conditional green card, you may include your spouse as a derivative.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you are married prior to the permanent residency being approved (I-526 approval and I-485 approval) then your new wife can be included as a derivative. December should be fine.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    If you are married before you obtain conditional permanent residency then you may include your wife in the application process for conditional permanent residency.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You can apply anytime that you want. If you want to include your girlfriend, then you need to marry prior to the approval (not filing) of the I-526.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to amend your petition or include her when filing for conditional permanent residency or adjustment of status.

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    John J Downey

    Immigration Attorney
    Answered on

    She can be added at a later date, but it is much simpler if she is added with the initial application.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, if you two get married this December, she can adjust her status with you in the United States as long as both of you have maintained legal non-immigrant status here.

  • Avatar

    Nima Korpivaara

    Immigration Attorney
    Answered on

    Your wife can be added to the petition at the second stage of the immigration process, the adjustment to the green card. There is documentation that will need to be provided, such as the marriage certificate and passport.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you get married at any time BEFORE you receive your conditional green card status, your spouse can be included as your dependent and she will receive her green card at the same time or shortly after you. If you get married one day or more AFTER receiving your conditional green card status, then you must petition for your spouse and that process would take many months.

  • Avatar

    Sufen Hilf

    Immigration Attorney
    Answered on

    The first step of EB-5 permanent residency is I-526. You do not have to be married at this stage. The second stage is to file I-485 to obtain your green card. You do not have to get married either at the time of filing. You only need to be married prior to your I-485 approval for her to be able to accompany you to obtain a green card, which means she does not have to wait for years to get her green card.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You can file your I-526 (Investor Petition) now as a single person and then after you are married, when you adjust your status once the I-526 is approved, you can file for her adjustment of status at the same time. You will already be married long before the I-526 is approved.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can process for the first step in the EB-5 Immigrant Investor Petitioning and then add your spouse at the time of filing for the adjustment of status.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. You can certainly file the underlying EB-5 petition as a single person and get married later. It will likely be a year or so before your I-526 petition will (hopefully) be approved, and only then can you file the adjustment of status application (where you would include your wife).

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