What would happen to my EB-5 application if I got married after submitting my I-526 application but before having my DS-260 interview? - EB5Investors.com

What would happen to my EB-5 application if I got married after submitting my I-526 application but before having my DS-260 interview?

My I-526 has not yet been approved. If I get married now, can I still add my spouse to my EB-5 application? Any risk that the consulate might view this as an illegitimate marriage? What if I get married after I-526 is approved but before the DS-260 interview? Thank you in advance for all your help!

Answers

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Even after you have filed your EB-5 petition on Form I-526, should you marry before you are issued your immigrant visa and enter the United States, you may include your spouse and your spouse can still be scheduled for the final interview with you. You can include your spouse even if you are married after the I-526 petition is approved. Yes, the Consular Officer may have questions to make sure that it is a bona fide marriage but, as long as you have evidence of that, there should not be a problem.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

As long as you get married before your 2-year green card is approved and you enter the United States, then a spouse can be included with you or as a follow-to-join derivative. The consulate can certainly ask for documentation of a good-faith marriage such as a joint lease, bank accounts, the length of your relationship, etc.

Rebecca Singh

Rebecca Singh

Immigration Attorneys
Answered on

Yes, you will be able to add your spouse at any time as long as the marriage occurred prior to you receiving your immigrant visa. You will need documents to evidence the marriage. If your I-526 is approved, your immigration attorney can contact the NVC to include your spouse.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

Your wife can be added to the NVC fee bill if you submit the marriage certificate and her passport. Your immigration lawyer should be able to easily handle this. Obviously, the marriage should be legitimate and proceed regardless of your EB-5 case.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Both options are viable, but obviously the first is better. Both options will require evidence of a marriage made in good faith.

Margo Chernysheva

Margo Chernysheva

Immigration Attorneys
Answered on

You can get married now or even after your interview, and even after receiving your visa! Your spouse can apply for a green card even within 6 months after your initial entry to the United States! However, I would strongly recommend the assistance of an experienced attorney to ensure the success of your case.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
Answered on

You can include your wife. I would recommend you consult with your immigration attorney to coordinate this in the best way possible.

Sara Wang

Sara Wang

Immigration Attorneys
Answered on

Yes, adding a spouse before the issuance of your conditional green card is fairly easy. If you can provide documentation of a legitimate marriage, that is usually sufficient for the consulate. However, if you are filing an I-485, you may need to provide more documentation before the officer is satisfied.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Yes, you may still add your spouse after I-526 is filed.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

As long as you are married before you receive your immigrant visa from the United States consulate, your spouse can apply for a green card with you.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If you are married before you get a visa, your spouse can still accompany you with a derivative immigrant visa.

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