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How can my fiance receive a green card through my EB-5 application?

At the time of applying for my EB-5 application, I was just engaged to my finance. Will my finance still receive the temporary green card? In other words, do I need to be legally married to my partner before applying for EB-5 in order to receive the green card for both me and my partner?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, you need to show a marriage certificate when applying for conditional permanent residency. But before that happens, you still need to find an EB-5 investment project, prepare and file the I-526 petition, and wait for an approval. This entire process can take 16-24 months! It is essential to retain immigration counsel to plan for the EB-5 and immigration processes.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. If by "applying for EB-5" you mean submitting your I-526 application, then the answer is no, you do not have to be married at that point.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you are the principal EB-5 investors, as long as you are married prior to receiving your conditional lawful permanent resident status (the green card), then your spouse may be included as your dependent and receive her green card at the same time. You do not need to be married at the time you file your I-526 petition.

  • Avatar

    Denyse Sabagh

    Immigration Attorney
    Answered on

    You do need to be legally married before your fiance can apply for a green card through your immigrant investor visa application.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    You do not have to be married at the time of filing the I-526 petition, but you must be married prior to applying for the immigrant visa or adjustment of status based upon the approved I-526, if your fiance is to be included.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    It is advisable to marry your fiance before the U.S. consulate or USCIS approves your application for conditional permanent residency. On this basis your new spouse can also obtain conditional permanent residency.

  • Avatar

    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    In order to have your fiance to benefit from your EB-5 application, you two have to be legally married. Under U.S. immigration law, a spouse who is a dependent on the green card application has to be legally married to the principal applicant. Here, simply being engaged to each other will not qualify your fiance to any immigration benefits. As long as your marriage takes place before the approval of your conditional green card, your fiance will be eligible to apply as a dependent. Your finance may not receive the actual green card at the same time as you, if your adjustment applications are not filed at the same time. This is because USCIS treats each adjustment application on a first come, first serve basis.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    No you need not be married when you apply for your I-526, but after its approval,when you apply for your permanent residency, you must be married.

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    Louis M Piscopo

    Immigration Attorney
    Answered on

    You and your fiancee do not have to be married when your filed the I-526, but you have to be married before you are approved for your permanent residence (green card). That means you have to be married before either your adjustment of status application is approved (if you file for adjustment because you are in the United States) or before your enter the United States with an immigrant visa (if you consular processed). If you get married after either one of those two events, you would have to separately petition her and that could take several years.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    In order for your partner to get a green card through the EB-5 program, you must be legally married.

  • Avatar

    James Yang

    Immigration Attorney
    Answered on

    If you are married before you receive your immigrant visa or conditional green card via EB-5, you can add your spouse in. If you are married after you receive your visa, then you can petition your spouse through the family-based channel.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Only the legally married spouse may receive the immigration benefit through your application. If the I-526 was filed while you are single, but you have since married while that is pending, you could add your spouse at the immigrant visa processing stage with that marriage certificate. Your immigration attorney will be able to help you through this.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You may not include your fiance(e) in your I-526 petition because s/he is not legally your immediate family member (spouse); however, if you get married while your I-526 is pending, you should be able to notify NVC (if you plan to consular process to receive your immigrant visa upon approval of your I-526 petition) that you are married. Each of you then will be able to submit the immigrant visa application to immigrate to the United States at the same time or your spouse may follow to join.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    No. As long as you are married before you receive your immigrant visa, your spouse will get a green card as well (if she applies for it).

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