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How will change of marital status influence the eligibility of the spouse to get a green card?

I am a Chinese EB-5 investor and my I-526 was approved two years ago. I am the main applicant with my wife being the dependent. Due to the backlog I am not sure when we will be able to go to the next step of the application, but my wife and I recently separated. While working on our marriage, I am evaluating the impact of our potential divorce on my wife’s ability to get a green card. If our marriage does not work out, when will be the earliest but “safe” point for us to get divorced without impacting her eligibility to get a green card? What are our other options in this situation?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    If you divorce prior to obtaining conditional green cards, your wife will lose her ability to remove condition. If you divorce after you have obtained conditional green cards, your wife can file her separate I-829 to remove condition.

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    Barbara Suri

    Immigration Attorney
    Answered on

    A separation or divorce in and of itself will not affect the right of your derivatives to permanent residence.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Earliest would be after the immigrant visa is issued or adjustment of status to the lawful permanent resident is granted and both of you are granted conditionally permanent residence.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your wife would need to stay married to you throughout the entire immigration process in order for your wife to become an unconditional U.S. permanent resident.

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    Charles Foster

    Immigration Attorney
    Answered on

    The fact that you and your wife have acquired your conditional Lawful Permanent Residency together means that both of you are conditional Permanent Residents. Should you divorce, your wife will already be a conditional Permanent Resident and that will survive the divorce. Should you have been divorced prior to the approval of your conditional Permanent Residence, she would not have been eligible for same. Even after the divorce, your wife will still be able to independently file an I-829 Petition to Remove Conditions.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    Getting divorced before obtaining the conditional Green Card would cause your wife to be ineligible for the Green card. Divorcing after obtaining the conditional green card should not affect her status. She will be able to file her own I-829 to remove conditions from her Green card as a divorced person.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The option is very limited because, if the divorce occurs prior to filing for green card, she cannot be included in your petition anymore. Advisably, contact an immigration attorney on your plan(s).

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    You must remain married all through the process of conditional residency.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    You must be married at the time of your Immigrant Visa Application stage.

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