My I-526 was approved in Oct. 2017, followed by an I-485 submission. I obtained my EB-5 conditional green card in March 2018, and filed I-829 in Dec. 2019. It remains unresolved with current projected processing times at 66.5 months. In the meantime, I married a U.S. citizen in 2022 and had a U.S. citizen child. My spouse is now considering filing an I-130 and I-485 on my behalf. Could this lead to the denial of my I-829 during this change of status and trigger the investment agreement clause for investment recovery? The investment agreement contains a clause that suggests a denial of an I-829 could enable me to request the return of my capital contribution. Does it make sense to apply for a permanent residency through marriage given these circumstances? Could seeking a green card through marriage lead to the Regional Center indefinitely delaying the return of my investment? What steps can I take to prevent this?
With your complicated facts I suggest a consultation. The project documents would need to be reviewed regarding the return of investment. Yes, it is possible to abandon your current conditional residence, withdraw the I-829 and proceed through a marriage case; but the timing of these actions is tricky to protect your status and possibly your investment depending on the project document terms.
A marriage green card may first result in a Conditional LPR status, if you were married for shorter than 2 years at the time of adjudication - this would also require filing of an I-751 at 21 to 24 months after obtaining the CLPR. Once you have an unconditional LPR status, you would no longer be eligible for the EB-5 benefit sought, since you already have the end status - and your I-829 would not result in another LPR status for you. The I-829 could be withdrawn. Regarding the treatment of your investment funds, these would be entirely dependent on the contract between yourself and the Regional Center.
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.