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How will my divorce affect my EB-5 application?

My ex-spouse and I were divorced during the period of our 2-year conditional green cards. We filed an I-829 together and the case is still pending. I am the primary applicant and my ex-spouse is listed as a dependent. If I fail to maintain permanent resident status, will it affect my ex-spouse's I-829 result?

Answers

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    Answered on

    The divorced spouse can still obtain unconditional permanent residency. Your residency will not effect the residency of your ex- wife. Your divorced wife's residency can be maintained independently of the ex-spouse.

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    Answered on

    The answer depends upon who the principal petitioner is. Assuming that you were the petitioner, that you and your spouse file together a Petition to Remove Conditions on Form I-829 and that you fail to maintain Permanent Resident status, it should not affect the former spouse.

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    Answered on

    If you as the primary applicant abandon your green card status, it could impact your ex.

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    Answered on

    The derivative's green card depends on the primary's status. If you, as the main investor, fail to maintain the residency status and your I-829 gets denied, then your derivative's application also will fail.This is true for spouses as well as children.

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    Answered on

    As long as the requirements of I-829 are met, the divorce will not stop the adjustment of status. In most cases, if the marriage was genuine but the parties just could not keep it together, the divorcing spouse would be able to adjust to permanent resident.

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    Answered on

    Once you have the conditional resident card the PR status is individual.

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    Answered on

    At this stage (pending I-829 Petition to Remove Conditional Permanent Residence), your marital status should not be a factor in either of your immigration statuses. Regarding your second questionwhat would happen if you failed to maintain lawful permanent resident statusthat would depend on the circumstances of your failure to maintain status (ie., if you decide to withdraw the investment, etc).

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