How will marriage to a non-US resident impact my EB-5 I-829 processing? - EB5Investors.com

How will marriage to a non-US resident impact my EB-5 I-829 processing?

My I-829 has been in processing for 2 years. I am divorced and would like to get married in one year. My fiancee is not a US resident and will not be able to move to the US fully for a few years because of her children overseas. Would me marrying a non-resident who will not soon apply for permanent residency in the US complicate or hurt my I-829 processing/approval?

Answers

Julia Roussinova

Julia Roussinova

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Answered on

Getting married should not have any effect on your pending I-829.

Lynne Feldman

Lynne Feldman

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Answered on

It should not be relevant to the I-829 adjudication.

Steffanie J Lewis

Steffanie J Lewis

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Answered on

You are a conditional permanent resident. If your card has expired, and you need evidence of your status, get an appointment at USCIS to stamp your passport showing you are currently a permanent resident, usually for one year. As a permanent resident you are eligible to file for a spouse. Currently, USCIS is posting 5.5 years to process I-829. Thus, you can expect to wait another 3 years as a conditional permanent resident. Conditional or not, you are a permanent resident until a decision is made to the contrary. In another 3 years, you will be eligible to file for U.S. naturalization if it is your desire. Because you are prima facie eligible to file for naturalization after 5 years as a permanent resident. USCIS currently posts processing time for Form I-130 as about 28 months. You have the above choices. Cheers and good luck on deciding when you choose to marry. It will not hurt your I-829 removal application.

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