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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

  • Avatar

    Xiaosheng Huang

    Immigration Attorney
    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.

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    Barbara Suri

    Immigration Attorney
    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.

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    John J Downey

    Immigration Attorney
    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.

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    A Olusanjo Omoniyi

    Immigration Attorney
    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.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

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

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

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

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

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

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