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What happens if an EB-5 investor divorces after I-526 approval?

My husband is the primary applicant on our EB-5 application and our I-526 has already been approved. We also have two children age 16 and 18. But my husband is saying he wants a divorce now. I am asking him to wait to avoid problems with the EB-5 application. If we do divorce, would my children and I still be able to get our green cards through EB-5? Or would my husband just get his green card? How can we make sure that we still get our EB-5 green cards?

Answers

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    Ian E Scott

    Immigration Attorney
    Answered on

    No issue for the children as long as they are under 21. You would have to be married to get the green card.

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    You absolutely may still file for removal of conditions, notwithstanding the divorce. Your children may be included on your husband's Form I-829, or on yours. See the Instructions for Form I-829: "Who May File Form I-829" ("You may include your conditional permanent resident spouse and children in your petition, or they may file separately subsequent to your petition.") You will still need supporting documents for the submission. Please speak to a knowledgeable and experienced immigration attorney to make sure that this goes through smoothly.

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    Ed Beshara

    Immigration Attorney
    Answered on

    If the husband is willing to assist you and the children, then even though he is divorced from you, he can still include you and the minor children in the I-829 petition to remove the conditions.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The family members that could immigrate together are spouse and unmarried children under 21 years old. Since the I-526 is approved, the next step will be DS-260 (immigrant visa application) if you are outside of United States or I-485 (adjustment of status) if you are in the United States under a valid status. Both application processes require a family relationship documentation, such as the birth certificate and marriage certificate, to be filed with the I-526 approval notice copy, which means you must be still be married when these applications are submitted at least.

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    Lei Jiang

    Immigration Attorney
    Answered on

    You are still eligible, so are your children. Please consult an EB-5 attorney for details.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    If you divorce from your husband before approval of the I-526, you will not be eligible to obtain lawful permanent residence. However, if your children are from this marriage, your children will be able to become lawful permanent residents. Also, please note that the first type of residency that you receive after approval of the I-526 is a conditional residency and then you need to submit an application to remove your condition.

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    John J Downey

    Immigration Attorney
    Answered on

    You should contact a qualified immigration attorney for help with this. I believe that since you have been approved you should still be able to process your visas. Since you were still married at the time of approval.

  • Avatar

    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    Regardless of the divorce, the two children, who are both under 21 years of age, will be able to continue the application with their father. As a spouse, until the divorce is finalized, you remain eligible. After that, you can still be petitioned by your eldest child when he/she becomes U.S. citizen and turns 21.

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    Robert Lee

    Immigration Attorney
    Answered on

    The divorce will not affect your petition. 8 C.F.R. 216.6(a) clearly states that where the principal applicant dies or gets divorced during the two-year conditional resident period, the former spouse and children can file I-829s together or separately.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you divorce before your husband gets his green card status, then you will not be included and not be able to get your green card. The children would be able to get green cards and immigrate to the United States as long as you provide your written consent. If the divorce occurs after you all receive your green cards, then you will be included and receive your conditional green card, along with your husband and children..

  • Avatar

    Yevgeny Samokhleb

    Immigration Attorney
    Answered on

    If you get divorced prior to completing the visa application process and entering the United States, you will not be eligible for a green card. However, your children will not have any problems.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You will need to show you are legally married to the principal applicant when applying for conditional permanent residency at the U.S. consulate or applying for adjustment of status with USCIS. Usually a marriage certificate or a similar document is required. The children will still be able to move forward.

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