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How can a couple with a civil union apply for the EB-5 visa?

From my understanding, the EB-5 program allows the investor, spouse/same-sex spouse, and kids to get a green card. However, I'm coming from a country that does not allow same-sex marriages, but it does allow civil unions. Will the USCIS still allow me to consider my spouse even though we're not legally married in the country I live in and only have a civil union certificate?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Interesting question, but I doubt it. I would suggest after you get the I-526 approved you both come on B-2s, get married here, and then file to adjust rather than immigrant visa processing.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No - you need to get married in the United States or wherever recognized.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Unfortunately, the U.S. Immigration Service does not recognize civil unions for immigration purposes. If it is possible for you both to visit a place where you can get married, then the marriage will be recognized. Where do you live?

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    Ian E Scott

    Immigration Attorney
    Answered on

    USCIS does not recognize civil unions. You would have to go to a country that recognizes same-sex marriages and get married there.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It is possible, but also likely that a legal marriage would be required. An immigration attorney and attorneys from your country should be retained to assist you.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For USCIS benefits, only a spouse is recognized as a derivative beneficiary and not partners joined by civil union. A solution may be for you to get married in a country that allows for same-sex marriage (the United States being one) if your home country does not allow same-sex marriages.

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