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How can a married couple file separate EB-5 applications?

We're a married couple from the United Kingdom. We're thinking of both investing in different regional center projects and both filing an EB-5 application, just in case one of the projects has problems. What problems might arise from us filing our EB-5 petitions at the same time? Would our EB-5 applications affect each other in any way? And if one of the projects were to fail, how could we be included on the other person's application?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You are free to file separate I-526 petitions based on your respective individual investments. You may include each other as a derivative beneficiary in the other spouse's I-526 petition. The form does not contain this information, but you may submit information as an attachment with civil documents proving a marital relationship. However, this may not be the most reasonable option and a very expensive one. Additionally, depending on the terms of investment with a particular regional center project, you may not be able to withdraw from a partnership and receive your investment amount back until the investment period is complete. This may take years. A more reasonable approach is to conduct due diligence on regional center projects, choose the safest one given its track record, and file one I-526 petition including a spouse as a derivative beneficiary. Immigration attorneys would generally be able to speak with you about regional center projects from past experience.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There are no potential problems with the scenario you mentioned. You each can immigrate separately based upon your individual qualifying EB-5 investments, or one or the other could decide to be included as the other's dependent if one of the EB-5 cases is denied.

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    Ed Beshara

    Immigration Attorney
    Answered on

    A husband and wife can file separate I-526 investor petitions. Based upon the first one being approved then both the husband and wife can apply for conditional permanent residency. With the assistance of an experienced EB-5 immigration attorney you may not have to file two investor I-526 petitions by choosing a viable project.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    This may work, as long as one I-526 petitioner withdraws their petition when the other petition is approved. When applying for the visa at the Consulate, you can request the spouse to be added as a derivative beneficiary.

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    John J Downey

    Immigration Attorney
    Answered on

    I would simply include your names as spouse on each other's application. If one should fail you are still safe with the other one.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Interesting idea. You may only have one green card approval though. If the failure is prior to I-526 approval then this scenario makes sense but if the failure is after I-526 approval and before I-829 approval then I do not think this will help. My suggestion if safety is a concern is to investigate the immigration track record of the regional center you are considering and only consider those with 100 percent approval rating of both the I-526s and I-829s.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    This may indeed be an unnecessary precaution, but there will be no impact on either application.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    The investor is one who puts EB-5 funds at risk in a new enterprise. That person files the I-526 petition. Assuming the investor's I-526 petition for an immigrant visa is approved, that visa then enables the spouse and unmarried children under 21 to apply for permanent resident status along with the investor. An investor may not have a spouse or children or perhaps neither wishes to immigrate to the United States. Your spouse does not appear on your I-526 petition. You do not appear on your spouse's I-526. You and your spouse may be individual investors. When the first petition is approved, withdraw the second petition. Then both apply for U.S. conditional permanent resident status together on the first approved petition. You will receive the return on investment from both investments.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    This is an expensive way to do EB-5. Rather than doing two cases, I would strongly suggest that you do the due diligence carefully and choose a regional center with an exceptional approval track record in multiple projects to greatly increase your chances for approval. However, there are really no negative consequences of each of you filing a separate filing as long as you could clearly document the source of funds for at least $1 million - $500,000 for each of you. Actually, it would be $1.1 million, $550,000 for each including the syndication fee of the regional center. When one of your filings gets approved, the spouse could be added to the consulate processing stage. However, some regional centers may not allow you to simply withdraw from the partnership easily and you may not get your money back even if things go wrong. Thus, you need to carefully review the subscription agreement and the partnership agreement.

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    There is no restriction on this. That is fine. It is not a wise financial decision; but, as a matter of law there is no problem. Whichever is processed first will include the petitioner and his or her spouse.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can do that. No problem.

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    Ian E Scott

    Immigration Attorney
    Answered on

    An EB-5, I-526 petition is filed by an investor and after it is approved, the spouse and minor children can also apply for green cards. Perhaps you should rethink your strategy as there are some regional centers with good track records. All investments are subject to risk and can fail but it would be an unusual approach for each spouse to apply to different regional centers (although permitted). Keep in mind that the return on a regional center is usually negative (given the administration fee) and you usually do not get the capital back for five years.

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