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How could a divorce during the I-485 pending stage impact my EB-5 application?

My husband and I are EB-5 investors. He is the principal petitioner. We submitted our I-485 about seven months ago and are still waiting for the adjudication result. Meanwhile, we are considering a divorce. If we end our marriage now, can I still get a conditional green card? If we wait until a decision is made on the I-485 and get the divorce, what happens to the I-829 application? Will I still be tied to his EB-5?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you get divorced before the decision on the I-485, then you will not become a conditional permanent resident. If you get divorced while you are a conditional permanent resident, then you will not become an unconditional permanent resident.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If your divorce is final before the I-485 is approved, you cannot be a derivative beneficiary based on your husband's I-526. If you divorce after you get your conditional green card, you can still remove the condition by filing your own I-829 in the future.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Technically, if you are divorced while I-485 is pending, you would no longer be a derivative beneficiary; however, since I-485 is already filed, and unless there is a request for evidence issued regarding a relationship, etc., you may not be affected. If you are divorced after I-485 is approved but divorced at the time of filing I-829, you can still self-petition by showing bona fides of the marriage.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you divorce before the I-485 is approved, you get benefits. If you divorce afterward, no problem.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you divorce before the I-485 is approved, you will no longer be a derivative on his case. If you divorce after conditional residency, you may self-petition on the I-829 and must show a good faith relationship in addition to the usual I-829 requirements for your ex-spouse.

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    Robert West

    Immigration Attorney
    Answered on

    No, the derivative loses the opportunity if no longer married.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your derivative status as his wife is only based on your marriage. You are not an investor if he filed the I-526 under his name. Thus, if you get divorced, you will not be a derivative entitled to the immigration status.

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    Charles Foster

    Immigration Attorney
    Answered on

    A divorce while your I-485 application is pending as dependent, based upon your husband's approved I-526 petition, would terminate your ability to obtain permanent residency. To the extent legally and otherwise feasible, you should maintain your marriage so that you are legally married as of the date your application for the adjustment of status is approved and you both become conditional lawful permanent residents of the United States. Once you become a conditional lawful permanent resident, should you subsequently be divorced, you could still maintain both your conditional lawful permanent residency and have the conditions removed at the same time your husband''s conditions are removed. Given the fact that, to some degree, you may be adverse to your husband after your divorce, it would be appropriate for you to file your own petition to remove conditions on Form I-829 within two years of the anniversary date of obtaining your conditional lawful permanent residency.

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