Questions and Answers > EB-5 Forms

How would it affect my EB-5 I-829 processing if I marry a non-resident in the meantime?

I obtained EB-5 I-526 approval for myself, my three kids and my then-wife in 2019. We got a divorce before applying for the I-829, so only me and the kids submitted the I-829. My ex-wife returned to our home country and her green card expired. Currently our I-829 is being processed and we are LPR under the 24-months extension. I now have a serious relationship with someone that is not a U.S. citizen or LPR, living outside the U.S. I would like to marry her, but I am concerned if that would negatively affect the processing of the I-829 for myself and my kids? If I get married now and eventually my I-829 gets approved, will there be an easier way for my wife to move to the U.S. permanently as the spouse of a legal permanent resident?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on December 12, 2022

  Since you are a lawful permanent resident, you can file an F2A second preference family petition for her now and it will not adversely impact your case.

• Lynne Feldman

  Immigration Attorney

  Answered on December 8, 2022

  You are a permanent resident now even though conditional, so you may petition for a new spouse any time under a family filing FB-2a.

• Rebecca Bodony

  Immigration Attorney

  Answered on December 5, 2022

  Getting re-married should have no impact on your pending Form I-829. You can get married and petition for a spouse via Form I-130 at any time.

• Stephen Berman

  Immigration Attorney

  Answered on December 5, 2022

  It will not change your processing time.