How will my divorce affect my EB-5 application?

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.

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.

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

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.

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.

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

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).