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
Find an EB-5 Visa Lawyer: Immigration AttorneyGetting married should not have any effect on your pending I-829.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt should not be relevant to the I-829 adjudication.
Steffanie J Lewis
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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.
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.