I am of Indian nationality, but I spent most of my youth in the UAE and then the UK. I submitted my I-526 application two years ago and met my girlfriend, who is a U.S. citizen, a year later. My EB-5 petition has since been approved, I have adjusted my U.S. status, and I am set to begin the I-829 stage of my petition. If we were to marry, how soon could I withdraw my EB-5 application? We are still discussing our options because of the current developments in U.S. immigration, but I would like to know what my options are.
Answers
Renata Duarte
EB-5 Immigration attorneysBecause conditional EB‑5 residents cannot file another I‑485 while that status is valid, be sure either to file Form I‑829 on time or, if you truly wish to convert to a marriage case, file Form I‑407 only after the marriage‑based case is far enough along that you will not be left with no status; missing the I‑829 deadline without good‑cause evidence leads to automatic termination and removal proceedings.
A licensed immigration attorney will give you the right route for your case.
Natalia Morozova
EB-5 Immigration attorneysAt the stage where you are in you do not have to withdraw anything you can proceed with the filing of the application for removal of residence.
Marriage to US Citizen does not impact this process.
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.