How can a divorce impact the conditional green card of a dependent? - EB5Investors.com

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Your divorce will not undermine the status of your wife who&#39s already obtained conditional permanent residency. With your assistance, she will have to independently file her own I-829 petition to remove conditional status.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

Don&#39t 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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Didn&#39t you have a lawyer help you with the EB-5? Have you asked him or her this question?

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Phuong Le

Phuong Le

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
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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