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How will my marriage date affect my family''s green cards?

I am not married but have a girlfriend. I plan to apply for an investor visa through EB-5. I may get married after filing my I-526, and I may even have a child before I get the green card. If so, can they get a green card too if I get one?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    As long as the relationship exists prior to approval of I-526, all derivatives will benefit.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes, there should no problem with that.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes. Your spouse and child would also receive green cards.

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    Michael A Harris

    Immigration Attorney
    Answered on

    The important consideration here is that you "acquire" your wife and child before your admission into the United States as a resident. If you acquire your spouse after your admission, then you would be required to petition for her under a separate filing. It is therefore advisable that you speak with an experienced immigration attorney before you embark on your plans to seek the EB-5 visa. Please feel free to contact me.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Yes, it is possible. It is just a question of timing.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to add your new spouse and children when filing the applications for the immigrant visa. You will have to provide proof of the marriage and birth, and each of you will have to file a separate application with the U.S. consulate.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    They can if you marry before you apply for adjustment of status. Your immigration attorney should be able to guide you through this timeline.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you are married before your 2 year green card is approved (There are ways to delay it after the I-526 is approved) then your spouse and child may be included.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Yes, if the relationship exists at time that status is issued, all derivatives benefit.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    All of your family members could be added to receive their green card with you when you apply for the immigrant visa. Your immigration attorney should be able to do that for you.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes. You can apply for EB-5 now and get married later. When your EB-5 is approved, you and your wife (and any child) will apply for adjustment of status or immigrant visas (depending on whether they are in the USA or outside the country). Let me know if we can assist in any way.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Yes, provided you marry prior to the consular process or adjustment of status, your spouse will be included. Similar provisions exist for any of your children born after the filing of the I-526 petition.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The answer to your question is Yes. As long as you marry before or have a child before you can all apply for the conditional permanent residency. If there is a marriage or child born after you obtain conditional permanent residency has been obtained then the new spouse and child can apply for the CPR.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    If you are married when your I-526 is approved, your wife will also be eligible for a green card. This is a question you should review with your attorney.

  • Avatar

    Anthony Ravani

    Immigration Attorney
    Answered on

    There should be no problem. Until when your I-526 is approved you have time and can get married. It is as simple as that.

  • Avatar

    Kamana Mathur

    Immigration Attorney
    Answered on

    Your family can be added to your application. Are you marrying a U.S. citizen?

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