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Questions and Answers > Other Eb-5 Questions

Does a divorce at the I-829 stage impact the green card of an EB-5 dependent?

My husband and I got our conditional green cards through the EB-5 program. I was the principal applicant of our case. Our I-829 applications are pending. Now we want to get a divorce. Would this impact his eligibility for a permanent green card if we file the divorce before a decision is given on our I-829s?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Getting divorced during the I-829 stage will not adversely impact the ability of your spouse to obtain full green card status.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You can check the instructions for Form I829. In relevant part, it states: If you are the conditional permanent resident child of an investor and you have reached 21 years of age or married during the period of conditional permanent residency, or if you are the former conditional permanent resident spouse of an investor, who was divorced from the investor during the period of conditional permanent residence, you may still be included in the petition of the investor, you may choose to file a separate petition.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The divorce will not affect his eligibility for the removal of conditions. He can be included on your I-829 petition or he can file his own I-829 petition.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    The divorce should not impact the I-829.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Any divorce during I-829 will certainly not lead to a denial of permanent green cards for the dependent spouse. This is due to the fact that she is already a conditional resident through the approval of the I-526. At the I-829 level, she can file for a permanent green card on her own. Even though you had jointly filed the I-829, if you eventually file for divorce, you can withdraw the application and each of you can file his or her own separate I-829.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I believe no but each party would need their own I-829 based on the project.