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What happens if the primary EB-5 applicant divorces before I-829 approval?

My wife is the primary applicant for EB-5. Now we, a family of four people (two kids), received the temporary green card and are waiting for a permanent green card. What if we divorce while waiting for the permanent green card? Can we still all get a permanent green card? Is my wife allowed to de-list me as one of her dependents?

Answers

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    Divorce should not affect your I-829. 8 CFR 216.6(a)(1), which governs this issue, provides: Children who have reached the age of twenty-one or who have married during the period of conditional permanent residence and the former spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, may be included in the alien entrepreneur's petition or may file a separate petition.

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    Irina Rostova

    Immigration Attorney
    Answered on

    If you divorce, you can file your own I-829 petition and check #2 in Part 2 of the form, which is intended for spouses and former spouses or children filing separately from the petitioner.

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    Charles Foster

    Immigration Attorney
    Answered on

    Given the fact that you already have your conditional lawful permanent residency, you should be able to maintain it even if you are divorced prior to the petition to remove conditions on Form I-829 is approved. Your wife is not allowed to de-list you as her dependent.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, you should be able to get your permanent green card in a situation like this. Advisably, consult an immigration attorney for further guidance.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If divorced, you can still file your I-829, but you have to do so separately as a principal. The issue we sometimes see is difficulty getting all the supporting documentation, so try and work out some level of cooperation.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    In accordance with the governing regulations (8 CFR 216.6(a)(1)), the former spouse of the EB-5 investor who has divorced the EB-5 investor during the period of lawful permanent residence may be included in the I-829 petition or may even file a separate petition to remove the conditions. You should be fine.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you are not married to the principal applicant, then you cannot get a green card with them.

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