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How can a same-sex partner also get an EB-5 visa?

Both my partner and I want to come to the United States permanently through the EB-5 program. We are a same-sex couple and our relationship is illegal in our country. I would be the one making the EB-5 investment. Can I include my partner on my application? How can my same-sex partner also get an EB-5 visa if our relationship is currently not legal?

Answers

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I am pretty sure that your partner will not be allowed to accompany you if you obtain an EB-5 green card, unless you are legally married. Can you both go to another country to get married?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You can get married in a jurisdiction that allows same-sex marriages legally. Then you can include your spouse in your I-526 petition as a derivative beneficiary and your spouse can then immigrate to the United States with you.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Currently, you must be lawfully married in your country to include a same-sex spouse in an immigration process.

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    Robert Lee

    Immigration Attorney
    Answered on

    You can get married in a place that allows same-sex marriage and use that marriage license even if your country does not allow it.

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    John J Downey

    Immigration Attorney
    Answered on

    There is no prohibition that I know of on the U.S. side. However, you will probably need to go a jurisdiction where you can legally marry and obtain the marriage certificate.

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    Ian E Scott

    Immigration Attorney
    Answered on

    In order to include your partner in your EB-5 application, you would have to legally get married in a jurisdiction that permits marriage between people of the same sex. You could get married in the United States or any other country where this is permitted (e.g. Canada, Spain, etc.). Same-sex marriages are now given the same rights as marriages between people of the opposite sex in the United States. Please note that civil unions or similar partnerships are not considered marriage in the United States, so immigration benefits are not given to these unions.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Get married; a spouse gets full benefits.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    You will need to be married for your partner to accompany you. I advise you to travel to a country that permits same-sex marriage and legalize the arrangements.

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