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?
Answers
Bernard P Wolfsdorf
Immigration attorneysGetting divorced during the I-829 stage will not adversely impact the ability of your spouse to obtain full green card status.
Lynne Feldman
Immigration attorneysI believe no but each party would need their own I-829 based on the project.
A Olusanjo Omoniyi
Immigration attorneysAny 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.
Fredrick W Voigtmann
Immigration attorneysThe 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.
Belma Demirovic Chinchoy
Immigration attorneysYou 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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