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Since I divorced before my I-829 approval, can I get married and sponsor my new partner for EB-5 instead?

I am the primary EB-5 applicant. My ex-wife and I got divorced two years ago at the conditional permanent resident stage. Now, I want to get married with my girlfriend. She is an F1 student here. Can I add her to my EB-5 program and sponsor her a conditional green card, or do I have to apply her as a dependent under the family green card category? Will that affect our I-829 approval?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The marriage will not impact your case but it would be best to file an I-130-based family petition for her. You must list yourself as married on the petition and let USCIS know, but the path forward is to file for a green card for her under F2A category.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, but you can file an immigrant visa petition for her once you are approved.

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    Ying Lu

    Immigration Attorney
    Answered on

    You need to sponsor your spouse through family based immigration. It will not affect your existing I-829.