Does my entire family need to be included in the EB-5 application?
I am thinking about immigrating through EB5 investment, and my husband will stay at our home country to take care of his business. Do I need to submit a copy of the marriage certificate if my husband is not applying for a green card under my application? And will USCIS question my marriage status during interview if my petition is approved?
No, your husband does not need to be included in the petition. However, you must disclose your marital status and supporting documents. It is essential to answer all questions truthfully as false or misleading information may have negative immigration results. USCIS may not question your marital status if you have provided sufficient documentation.
While you may be asked to submit the marriage certificate, you are not required to include him on your petition. This is not a issue; if asked, you just need to let them know that he does not intend to emigrate at this time.
Philip H Teplen
Unless the funds are coming from your husband, the marriage is not overly relevant; however, it is nevertheless your personal status, and you should be prepared to present the certificate. The marriage validity is not to be questioned in terms of merit.
You should include the marriage certificate, as you will be showing that your children were born from your marriage. If your husband will not immigrate, then he does not need to be listed in the petition or file Immigrant Visa application (DS-260).
Your entire family does not need to be included in your EB-5 application; although, the inclusion of your family members would ensure that each of them obtain green cards through your application. If your application meets the requirements of EB-5, it will be approved. However, you need to declare all true information regarding your marital status and provide supporting documents, even if your family members are not applying with you for EB-5 immigrant visas. There is no reason for USCIS to question your marriage status during the interview, but you must avoid any kind of misrepresentation.
It helps to put all family members on the I-526, because it is more difficult to add family members later. Even if your husband doesn''t want to obtain his conditional permanent residency initially, having the option to is better than trying to add him later. At that time, you would probably need a marriage certificate. Having your husband join you when you come to the United States, or later, should not affect your conditional permanent residency.
It is possible you will have to submit a copy of the marriage certificate, but not likely. This should not be a problem; it is just a document. USCIS will probably ask a question or two. However, your responses will not impact the approvability of your residence. The bona fide nature of your marriage will only be an issue when and if your husband should want to immigrate here.
The EB-5 rules allow you to be the EB-5 investor, and you and your children can apply for the conditional permanent residency. Your spouse may stay in the home country to take care of business affairs and travel temporarily to the United States during the time of your conditional permanent residency. When you file your petition to remove the conditions of your conditional permanent residency, before the two year anniversary of the CPR, you may include your husbands name in the petition, and he will obtain the unconditional permanent residency with you.
Yes; you should submit your marriage certificate if you are married, but your spouse is not required to immigrate with you if he does not wish to do so. The USCIS likely will not ask questions about your marriage at the I-526 processing stage, but the consular office in your home country might ask you about your marriage during the immigrant visa interview. You should retain an experienced EB-5 immigration attorney to represent you.
No. Your husband (nor any other member of your family) does not have to apply for his permanent residence or be processing with you when you process for the EB-5 Immigrant Investor Petition, nor the immigrant visa thereafter. You will need to disclose the members of the family, but you can opt out of having them process with you on the forms. And this does not raise any red flags or affect your processing.
As an EB-5 investor, your spouse and children under age 21 are automatically eligible to receive lawful permanent residence in the United States. If your husband wants to remain in the home country and work on his business there, but would like to have the option of going back and forth from the United States, it may be worth it for him to get the green card along with you and then apply for a re-entry permit, which would allow him to return to the home country and take care of business there. If you have decided that he does not want the green card at all, you will still need to submit the marriage certificate (especially if there are children that will be accompanying you) as the marriage certificate proves that the children were born in wedlock (U.S. immigration law makes a distinction between children born in wedlock versus children born out of wedlock). You will need to submit your marriage certificate, but then leave your husband out of the application so that only your children under the age of 21 would accompany you. At the interview, it would be advisable to take copies of registered business licenses for your spouse to show his ongoing business commitments in the home country, but USCIS will not deny the visa solely because your spouse is not accompanying you to the United States.
Although your entire family is entitled to be included in the petition and visa application (spouse and unmarried children under 21 at time of filing), there is no requirement that they should be. All relevant documents must be provided, however and although your intent to make the United States your permanent place of residence may be questioned, there are strategies to ensure that you maintain your status even if you spend several months abroad.
Your spouse does not have to be included in your petition and is not required to obtain a green card with you. In our experience, this never raised any questions or suspicions during consular interview.