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Questions and Answers > EB-5 Investments

What are the options for my future spouse to benefit from my conditional EB-5 green card?

I recently got my conditional green card based on an EB-5 investment. If I happen to get married in the near future, can he also get a conditional green card based on my investment? What would be his options?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you were married at the time you got your green card, s/he is eligible as a derivative. But now you have to file a family-based petition.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    They can receive residence based on sponsorship from you.

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    Rebecca Bodony

    Immigration Attorney
    Answered on

    After you get married, you can file a Form I-130 petition (along with all required evidence related to the bona fide nature of your marriage) seeking residency status for your spouse. The process differs depending on whether the spouse is lawfully in the U.S. at the time of application or whether they are outside of the United States.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    Your spouse would not be eligible to apply for a green card based on your EB-5 case. He/she would either need to apply as the spouse of a green card holder or through any other way he might be eligible such as employment sponsorship or other.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may file an FB-2a family-based petition for your future spouse. It will not be related to your investment.