Questions and Answers > EB-5 Requirements

How will another marriage affect my EB-5 application?

I have been married with two children for the past 11 years. Previously, I was married to another woman who passed away three years ago and whom I had separated from in 2003. We did not legally separate, but physically, as we lived in different countries - so we did not legally get divorced prior to my second marriage or even after. Would this negatively affect my EB-5 application? Would my current (second wife) be eligible to immigrate under my application?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 23, 2016

  The second wife should be included with valid proof of marriage, and you may need to prove the first wife is indeed deceased as well.

• Xiaosheng Huang

  Immigration Attorney

  Answered on August 11, 2016

  Since your first wife passed away three years ago, your marriage with her was terminated from that time. As you married your second wife 10 years ago, you need to confirm with the attorney of your home country if it is valid. There is an easy way that you can marry your wife again, then use the new marriage certificate in your EB-5 application.

• Lynne Feldman

  Immigration Attorney

  Answered on August 8, 2016

  As long as you have the death certificate terminating the first marriage and marriage certificate to the second spouse, she can immigrate with you.

• Julia Roussinova

  Immigration Attorney

  Answered on August 8, 2016

  It does not appear that you married your second spouse when you were legally free to marry unless your first spouse was deceased at the time of your second marriage or you were divorced. Your first marriage terminated upon death of the first spouse. Your second marriage appears to be invalid and you will have to remarry your second spouse for her to be eligible to immigrate with you as a derivative beneficiary of your immigrant petition (I-526) when and if it is approved. You should consult an immigration attorney to review all facts and properly advise you.

• Charles Foster

  Immigration Attorney

  Answered on August 5, 2016

  Based on your information, this should not be a problem. As long as you are validly married to your second wife before your interview for your immigrant visa abroad, but before you apply for adjustment of status within the United States, you may include your second spouse with your application. That would be true even if you married only shortly before you applied for your immigrant visa or for adjustment of status once visa numbers became available.

• Rasha G Lutfi

  Immigration Attorney

  Answered on August 5, 2016

  Based on the limited information you have provided, your application will not be affected as a result of your previous marriage; however, your current wife may have trouble with her application. In the United States, a person must get a divorce or be a widow prior to a second marriage. Your second marriage may not be considered legal in the United States, as your first wife was alive during the time of your second marriage. One option is to rectify this situation by simply marrying your second wife again so as to avoid any question about the legality of your marriage. However, I suggest you consult with an immigration attorney as there are many other questions that must be evaluated prior to providing legal advice on your particular situation.

• John J Downey

  Immigration Attorney

  Answered on August 5, 2016

  Your first marriage was terminated with the death of your wife. The second marriage would not be considered valid as you were not legally free to marry at the time. You should now have a legal ceremony to have this marriage considered valid.

• Margo Chernysheva

  Immigration Attorney

  Answered on August 5, 2016

  Please note that this is not a legal advice. You should contact an experienced immigration attorney to assist in your case. In general, your second marriage is not in effect as you were legally married to someone else at the time of your second marriage. The issue may arise about your good moral character within the five years from the date of your actual legal permanent application filing date. Since there is not enough information here, I would not be able to answer in more detail onto what, if anything, will be a problem for you and your current spouse. Since the first spouse passed away three years ago, since that moment you were free to marry again. So, you would most likely need to divorce and re-marry with your current spouse to allow her to join you in your immigration case. However, your attorney would be able to give you a more detailed and professional answer than this forum, as more information is needed to answer the question.

• Peter Zhang

  Immigration Attorney

  Answered on August 5, 2016

  This will not affect your I-526, but may affect your admissibility and your ability to have your second wife immigrate with you once your I-526 is approved.

• BoBi Ahn

  Immigration Attorney

  Answered on August 5, 2016

  Before your current spouse can receive any immigration benefit as your derivative, you must first terminate your previous marriage. The United States does not recognize bigamy.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 5, 2016

  If your prior spouse was deceased when you remarried, and if you can show this marriage is in good faith, you should be able to obtain a green card for her when you apply.

• Stephen Berman

  Immigration Attorney

  Answered on August 5, 2016

  Marriage to more than one person at the same time may bar a person from immigrating to the United States.