My I-526 was approved a week ago. My children were included at the time of the application, as they were less than 21 years. Now they are 23 and 22 years old. What will be the best time for them to get married so their spouses also benefit from this process? Can/should they marry before consular processing? Can they marry during the period of conditional residency?
Your children should get married after they get the green card. And their spouses cannot get the green card based on your EB-5 application. The spouses can only get the green card as the spouse of the green card holder through marriage.
After they obtain permanent residency they can petition for a spouse, but spouses of dependent children are not able to become derivative beneficiaries themselves.
Your children should NOT get married before they receive their conditional lawful permanent resident status. If they do, they will no longer be considered your dependents. Once they do marry, they can petition for their own spouses. The spouses will not be considered your dependents for purposes of conditional lawful permanent residency.
There are a number of factors you will need to consider on your questions: the age of the children, their potential permanent residency and possible imminent delays they would experience if they married at the present time or in the near future, your country of origin that currently affects your application processing time, just to mention a few. Advisably, discuss these factors with an EB-5 attorney or your current attorney before you proceed further.
If they marry before immigrating to the United States, they will not be allowed to come - derivatives are unmarried children under 21 (or older if they qualify for CSPA - be sure you calculate this to see if they are eligible) to come themselves. After they enter the United States, they are permanent residents and may return home and get married and start the process for spouses to come.
In general, a child for the citizenship and naturalization provisions is "The genetic, legitimated, [5] or adopted son or daughter of a U.S. citizen; or The son or daughter of a non-genetic gestational U.S. citizen mother who is recognized by the relevant jurisdiction as the child's legal parent." If they marry before getting green cards, they are no longer derivatively eligible. If they marry afterwards, the spouses are eligible to immigrate 1-2 years later as F2A immigrants.
Not until the AOS is approved. But you should check with your attorney.
