I am an EB-5 investor born in mainland China. My I-526 was approved in 2016. I got married with a non-Chinese woman and used cross chargeability to file an I-485. In 2017, we both received our conditional green cards. However, my wife is now considering a divorce. Will a divorce impact my ability to file an I-829 since my I-485 case was filed under cross chargeability?
A divorce in a cross-chargeability situation is not particularly favorable as the principal applicant who serves as the nucleus of the petition is likely to create reasons for the denial. In your case, it has a similar negative effect just like any case of I-485 adjustment of status applications in which one party no longer wants to proceed with the case. The application will likely be denied.
At the I-829 stage, your cross chargeability or nationality does not matter.
A divorce after obtaining the green card will not impact your eligibility. If your divorce is final by the time you file the I-829, then both of you will have to file the I-829 separately and indicate that you are divorced on the forms.
If this was a good faith marriage then you should be okay. Any marriage that lasts less than two years is often given extra scrutiny.
