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How can I add my spouse as a joint petitioner in our EB-5 application?

I am considering applying for EB-5. I will be the principal petitioner. My investment capital will come from assets jointly owned by me and my husband. In my case, should I add my husband to the application as a joint petitioner or just as a dependent? If he is a dependent, does he need to transfer his part of our assets to my name?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is really no joint petitioner in EB-5. He would be a dependent. You can still use joint assets though. Work with an EB-5 attorney to set all of this up. It is more complicated than this online Q&A can really handle.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you use any of his money for the EB-5 investment, you just need a gift letter from him to you. He will be included in your application as a dependent. Do you already have an investment in mind? Realize that the minimum investment goes up from $500,000 to $900,000 on Nov. 21. So you do not have much time.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no joint petitioner framework. Either can be the petitioner and the spouse and eligible minor children will be eligible. No need to have his part of the assets transferred.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your husband would be your dependent, as you cannot have a joint petitioner. The funds should all be in your account alone prior to investment either as your community property or as a gift from your husband prior to EB-5 investment.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    S/he is dependent. No need to transfer if the money in both names.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no option for a "joint petitioner." Your spouse may be listed as a derivative dependent.

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    Robert West

    Immigration Attorney
    Answered on

    No such thing as joint. There are principals and derivatives.

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    Evelyn Hahn

    Immigration Attorney
    Answered on

    There is only one principal petitioner for a single EB-5 petition. It is common to see an investment capital that comes from assets jointly owned by a married couple. In the initial I-526 petition, we only focus on one principal petitioner's source of funds. If your EB-5 investment funds include assets jointly owned by you and your husband, then we also need to prove the source of your husband's asset. It is best if the husband transfers his funds to your bank account before you transfer the full $500,000 to the project. Alternatively, your husband can transfer his part of the assets directly to the project with a declaration, confirming that it is part of your community property owned by a married couple, and that the husband agrees to directly transfer his portion to the project on behalf of his wife, who is the EB-5 investor. Here, you need to check with your country's tax regulations/requirements to see if you need to pay gift tax on your husband's funds transferred to your account as a gift to be used for your EB-5 investment, and depending on the circumstances, your husband might also need to sign a gift agreement if required. Once your I-526 petition is filed and approved and you are ready to apply for your immigrant visa application, called DS-260, your husband will then be your derivative applicant and can apply for his own DS-260.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    One of you will be the principal and one the derivative. Both will get green cards if approved.

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    Irina Rostova

    Immigration Attorney
    Answered on

    The I-526 petition only allows for one petitioner and derivatives. There is no option for a "joint petitioner." The husband can donate the invested funds to you or sign a declaration that you treat your assets as joint, and that you have the decision-making power to invest the funds as your own into the EB-5 program.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    If you will be the principal investor, then your husband will be your dependent. He does not have to transfer the assets into your name if you both have full authority to manage the funds. You could go ahead and invest. To be safe, your attorney might advise you to get a consent letter from your husband. That said, USCIS views you and your husband as one unit, so in either case, you should not have a problem as long as the source of the funds can be traced and proven.

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