I am married and my wife has two minor children (5 and 8 years old) from another marriage. If I get an EB-5 visa, may I include her children as dependents? What are “dependents” limited to in the EB-5 Program?
Because you married your wife before your stepchildren turned 18, you may include them in your I-526 petition and they can immigrate as your children under U.S. immigration law upon approval of the I-526 petition. Their biological father must consent to their immigration to the U.S. unless your wife has full custody.
The children would be considered your stepchildren and you can include them in the respective applications under the EB-5 program.
Dependents of EB-5 investors include their spouses and unmarried children under the age of 21. This rule includes stepchildren provided you and your new spouse were married before the children turned 18 years of age.
Dependents are defined as the applicant 's spouse and unmarried children under the age of 21. Step-children are included as dependents. Step-children are children under the age of 16 at the time of the marriage. Therefore, these two children would be considered your dependents for immigration purposes.
Stepchildren can be included as dependents if the marriage creating the step-relationship occurred before the child turned 18 and the step-child otherwise meets the definition of "child " (unmarried under 21). However, if you have not been married to the child 's biological parent or legal mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status, which is a green card with a 2-year validity and you will need to file a Form I-751, Petition to Remove the Conditions on Residence to obtain the full 10-year green card at the end of the initial conditional 2-year period.
Step-children are eligible dependents provided the marriage through which the relationship was created occurred prior to their 18th birthday.
Dependents include your spouse and unmarried children under the age of 21. The definition of "child " includes a step-child, if the relationship was created prior to the child''s 18th birthday. Your spouse could also apply as the main applicant to include her children if there is no objection from the children 's father.
When you married her, the children became your stepchildren and will receive green cards at the same time she does.
Provided the children are under the age of 18 at the time of your marriage, they are included as derivative beneficiaries. The natural father will have to consent to their immigration unless their mother has exclusive custody.
