How will a divorce during conditional residence affect my I-829? - EB5Investors.com

How will a divorce during conditional residence affect my I-829?

My ex-husband and I got married before the I-526 was approved, but we divorced upon receiving the conditional green card. The marriage length was less than two years. Will the divorce affect my own I-829 filing result? My ex-husband was the main applicant.

Answers

Xiaosheng Huang

Xiaosheng Huang

Immigration Attorneys
Answered on

It shall not affect your I-829 application. The U.S. immigration law does not require the length of the marriage in the EB-5 application. You can submit your I-829 application separately.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

If you are the former conditional permanent resident spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, you may be included in the entrepreneur's petition or you may choose to file a separate petition.

John J Downey

John J Downey

Immigration Attorneys
Answered on

It should not affect your status, as the basis for your conditional permanent residence was not marriage to a citizen. However, you should obtain the services of an attorney versed in immigration law to be on the safe-side.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Generally, divorce should not prevent conditional green card holders from removal of conditions, which the I-829 is all about. Consult an immigration attorney on this issue.

Raymond Lahoud

Raymond Lahoud

Immigration Attorneys
Answered on

A divorce after the approval of the conditional lawful permanent residence should have no impact on removing the conditions.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If divorced then you need to file your own I-829. If this was a good faith marriage, you should be fine.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
Answered on

This may indeed impact your I-829 - you should immediately discuss this with your investment immigration attorney.

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