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Questions and Answers > Other Eb-5 Questions

If I divorce my spouse before our I-829 is approved what happens to her application?

I am the primary EB-5 applicant. My ex-wife and I have recently divorced at the conditional permanent resident stage. Is it okay for my ex-wife to still file an I-829 after the divorce? Do you think this is a risky thing to do, considering the current state of the EB-5 Program and the potential changes that may occur?

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Answers

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    Barbara Suri

    Immigration Attorney
    Answered on

    You can submit your I-829 application separately.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A former spouse can be included in the petition or she can file her own petition to remove the condition. The likely changes to the EB-5 law should not affect you or your wife. If she does not file to remove the conditions, she could be put into removal proceedings, so the risks in not filing are greater than the risks of filing.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the family law of most states will hold that the wife is entitled to a permanent green card through the I-829 filing, which was done prior to the divorce proceeding. There is a mirror-like interpretation under the immigration law that she would be entitled to a permanent green card because the marriage was genuine even though it did not last. The I-829 filing is essentially a removal of conditions issue almost like I-751 in which a spouse can obtain permanent green card despite the divorce if the marriage is genuine. Future changes to EB-5 are not likely to retroactively change the program to the extent that it will deprive your ex-wife her right to secure a permanent green card.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I-829 instruction states as follows: If you are the former conditional permanent resident spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, you may still be included in the entrepreneur petition or you may choose to file a separate petition. Thus, if you wish to include your former spouse in your own petition, you may do so. Or, your spouse may wish to file her own petition stating that the divorce occurred while in conditional residency.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    The former spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, may still be included in the entrepreneur''s petition or may choose to file a separate petition.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The I-829 instructions are clear on this point. If you are the former conditional permanent resident spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, you may still be included in the entrepreneur petition or you may choose to file a separate petition.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Your ex-wife would file her own I-829 form and would choose the "divorced status" on the I-829 form. Her filing of the I-829 does not impose on your application; this is a situation that was contemplated by USCIS and occurs regularly.

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    Anthony Korda

    Immigration Attorney
    Answered on

    If you divorce your wife, you can still include her in your I-829 filing. Alternatively, she can file a separate I-829 although that would add to the costs.