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What happens if only one member of a couple applies for EB-5?

My husband and I want to invest in the United States through the EB-5 visa program, but he does not want to quit his job overseas yet. I though I might apply, start the investment process and have everything ready when he can finally relocate. Is that possible? Are there any issues with only one spouse applying for EB-5?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is some flexibility for when spouses can join the immigration process. Consult with an immigration attorney who can help you.

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    Phuong Le

    Immigration Attorney
    Answered on

    It is fine for one spouse to be listed on the initial I-526 and the second spouse can be added at the consulate processing stage.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you can not only file your EB-5 investor petition on Form I-526 by yourself, but the I-526 petition is always filed by a single person. If the I-526 petition is approved and if visa numbers are available, it is only then that you are eligible to apply for your immigrant visa at the appropriate American embassy or consulate abroad or through adjustment of status in the United States. At that time, your immediate family members may apply with you, including your spouse and your unmarried children under the age of 21. Thus, as a practical matter, your husband would have several years to decide if he wants to join you at that time. Even assuming he does not and your immigrant visa petition is issued and you become a permanent resident, your husband could subsequently seek to qualify as a lawful permanent resident under the "following to join" provisions of U.S. immigration law without having to establish an independent basis of eligibility.

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    Ying Lu

    Immigration Attorney
    Answered on

    Of course. You can apply for an EB-5 visa only for yourself first. You can add your husband whenever he is ready to relocate.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The I-526 petition is for you, the investor. The family members' information, while submitted, does not mean they are petitioners with you. Once the I-526 is approved, then you could add the family member during the immigrant visa process. You could include your husband at that time, if he is ready to immigrate, or he could follow to join you later. There are many investors whose spouses do not accompany the investor because they have their businesses that they do not want to give up.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, he may come later if you are still married.

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    Peter Zhang

    Immigration Attorney
    Answered on

    That is actually a good plan. You only need one person to be the petitioner for the EB-5 investment. After your I-526 (the petition for conditional permanent residence) is approved, you can then decide whether to include your husband on the adjustment of status or consular processing applications.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    One spouse can be the applicant and the other spouse can make a decision once the I-526 is adjudicated by USCIS.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No issue with one spouse applying. This is very common. The other spouse can immigrate via a following-to-join procedure, but always be aware that it can sometimes take about one year or more to process the I-824 following-to-join application.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That will not be an issue. You can file as the EB-5 immigrant investor and start the processing for the immigrant petition. You can always include him at a later stage of the immigration process/filing (i.e., after the EB-5 petition is approved).

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