I am trying to get divorced in my country, but my husband and I have already filed for the EB-5 visa before the prices increased this year. We haven’t received our I-526 approval, but it seems to be coming soon. My problem now is I want to remove my husband from the application, but he refuses to sign the divorce papers and to request to be taken out of the application. I have asked my lawyer what we can do to do this quickly, and she recommends writing directly to the USCIS to have him taken out because I am the dependant. Is this enough?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you are the principal applicant, he would need to be in a good faith marriage to obtain immigration benefits. He does not need to be taken out of the application if divorced he will automatically lose eligibility.
Lynne Feldman
EB-5 Immigration attorneysIf you are the dependent, and he is taken off then you are not eligible if his I-526 is approved.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysIf the Husband is the principal investor and you are the dependent, you are not able to anything about this petition. Based on the facts you presented here; your lawyer’s advice seems woefully inadequate.
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