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How can the engaged child of an EB-5 investor still immigrate?

I want to apply for EB-5 and include my wife and my 19-year old daughter on the application. However, we are worried because my daughter is already engaged. Will being engaged cause any problems with her EB-5 eligibility? Will she have to wait for the entire EB-5 process to be over before she can get married?

Answers

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    It has no effect, but she cannot get married until after she is a permanent resident.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Being engaged does not change a child's immigration status. Your daughter will remain your dependent and eligible to be included in your EB-5 case as long as she remains under 21 and unmarried. Once she receives her green card, turning 21 or getting married should not have any effect.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A child under age 21 must remain unmarried to be considered your child for immigration purposes to be included as a dependent in your I-526 petition and to immigrate to the United States as a conditional permanent resident based on your approved I-526. Another option is for your daughter to be a principal investor if she plans to get married soon, and then she can petition for her parents when she becomes a U.S. citizen, or you file your separate I-526 petition sooner.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Engagement will not prevent your 19 year old daughter from immigrating provided she neither marries nor turns 21 years of age prior to immigrating. Yes, she will have to wait on marrying until she has actually entered the physical United States as an immigrant.

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    John J Downey

    Immigration Attorney
    Answered on

    The engagement is no trouble. However, if at the time she applies for a visa she is married, this could be a problem. You could argue that when the application was accepted she was single, but the problem is that USCIS does not issue the visa. The U.S. Dept. of State issues it and dealing with them is a different story.

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    Ian E Scott

    Immigration Attorney
    Answered on

    No issue with the engagement for an EB-5 visa if the child is under 21.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Being engaged will not affect her eligibility. She should not get married until after she has obtained her approved permanent residency.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Engaged is fine, but being married will not allow her to be a derivative. So yes, get married after she enters the United States in permanent resident status.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Technically, unmarried sons and daughters under 21 can be included as derivative beneficiaries. She is still technically unmarried and should probably remain unmarried to continue to be eligible.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If your daughter is unmarried AND under 21 years of age at the time of your immigrant visa processing, then she is eligible to immigrate with you as your child. Please note, however, the EB-5 process takes a long time these days - at least two years from the time you choose your investment vehicle and start. So, if she is already engaged at 19 years old, there is a concern that she may be either married or aged out by the time that you go through the visa processing. Thus, you may need to start your process quickly now.

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