From my understanding, the EB-5 program allows the investor, spouse/same-sex spouse, and kids to get a green card. However, I'm coming from a country that does not allow same-sex marriages, but it does allow civil unions. Will the USCIS still allow me to consider my spouse even though we're not legally married in the country I live in and only have a civil union certificate?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyNo - you need to get married in the United States or wherever recognized.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyInteresting question, but I doubt it. I would suggest after you get the I-526 approved you both come on B-2s, get married here, and then file to adjust rather than immigrant visa processing.
Ian E Scott
Find an EB-5 Visa Lawyer: Immigration AttorneyUSCIS does not recognize civil unions. You would have to go to a country that recognizes same-sex marriages and get married there.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyUnfortunately, the U.S. Immigration Service does not recognize civil unions for immigration purposes. If it is possible for you both to visit a place where you can get married, then the marriage will be recognized. Where do you live?
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyIt is possible, but also likely that a legal marriage would be required. An immigration attorney and attorneys from your country should be retained to assist you.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyFor USCIS benefits, only a spouse is recognized as a derivative beneficiary and not partners joined by civil union. A solution may be for you to get married in a country that allows for same-sex marriage (the United States being one) if your home country does not allow same-sex marriages.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.