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How can a divorce impact the conditional green card of a dependent?

My wife, our child and I became conditional permanent residents through an EB-5 investment. I was the principal applicant of the EB-5. We have been residing in the U.S. and fulfilling the physical presence requirement. Now my wife and I are considering a divorce. However, we are not at the 2-year mark to submit an I-829 petition yet. Will the divorce terminate the status of my wife? If not, what happens when we file for the I-829?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    She has obtained the conditional permanent status. An I-829 petition is largely a removal of conditions process. Furthermore, if the I-829 is filed and the divorce is filed later, her I-829 will be granted.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your spouse should be able to file her own independent I-829 petition. You should ensure you timely file your I-829 petition.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A divorce will not automatically terminate the conditional resident status of your wife. She can file her own independent I-829 when the time comes, assuming you also timely file your I-829 as the principal applicant/investor.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your divorce will not undermine the status of your wife who's already obtained conditional permanent residency. With your assistance, she will have to independently file her own I-829 petition to remove conditional status.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Each individual family member will submit his or her own I-829 petition. A divorce during the CPR period should not affect the ability of anyone to proceed with removing conditions.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Didn't you have a lawyer help you with the EB-5? Have you asked him or her this question?

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Don't worry. Since she is already a conditional permanent resident and is fulfilling the physical presence requirement, she could file her own I-829 if you decide to go ahead with the divorce. The removal of conditions mainly depends on proving that the jobs were actually created or could assumed to have been deemed to be created. Of course, if your marriage was not a genuine one, that could also have been a reason for concern. But clearly, you have a child together and have been married for some time. There is no reason for any concern here whatsoever.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    She may self-petition to keep her green card but will need to file her own I-819 and show requirements are fulfilled.

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    Phuong Le

    Immigration Attorney
    Answered on

    Divorce at this stage will not terminate the status of your wife. If you were both married and acquired conditional permanent residency through the EB-5 program but later divorced before the I-829 stage, you would both remain eligible to file an I-829 petition. It can be done together or separately. Your option.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Divorce will not impact her eligibility if you are the principal. She can file her own I-829.

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