I am applying for American investment immigration, but I got married halfway. Can I add a new marriage partner?

Marriage, divorce and EB-5 application process

Usually, EB-5 investors want to immigrate to the United States with their families, including spouses and children. Marriage and divorce are very important life events, which can affect the progress of EB-5 in different ways at each stage, especially when the spouse is eligible to enjoy the benefits of being an affiliated applicant. The following is an overview of several common situations and general principles.

We will discuss it in four situations:

1. Submit I-526 application to USCIS (Immigration Bureau) stage;

2. 1 immigrant visa application stage (the applicant is abroad);

2.2 Adjustment of identity application stage (the applicant is in the United States);

3. Submit I-829 conditional release stage.

Let's take a concrete look at the effects of marriage and divorce at different stages on spouses:

1. Submit an I-526 application to the Immigration Bureau.

The influence of marriage:

If the investor is married when submitting the I-526 application, his/her spouse should be included in the application submitted to the immigrant in order to create a comprehensive information record. When submitting the I-526 application, unlike other types of immigrant visa applications, such as I- 140 employer sponsorship application, there is a formal way to add their spouses to the application, because this information is not mentioned in the application form. But the spouse's information can be written in the cover letter of I-526 application documents. After the I-526 application is approved, the National Visa Center (NVC) will issue a face-to-face visa, including the spouse. If the spouse's information is not included in the cover letter, the spouse will have to be added to the interview, which will take more time.

Effects of divorce:

If an investor divorces at the I-526 approval stage, he/she will have the opportunity to inform NVC of his/her divorce, and his/her ex-wife or ex-husband will not be able to immigrate with him/her.

2. 1 immigrant visa application stage (the applicant is abroad)

The influence of marriage:

If an investor gets married after the I-526 application is passed, he or she can add his or her spouse as a deputy applicant in the NVC Act to start the consular processing procedure. Spouses must complete all required application forms, obtain necessary citizenship information (including marriage documents), pay necessary fees, and undergo all medical examinations required for immigration consular procedures.

If an investor obtains an immigrant visa but gets married before going to the United States, his spouse can still start consular procedures as the spouse of the investor. Depending on the time, the spouse can apply for an immigrant visa to accompany the investor to the United States, or submit I-824 and other documents after landing, so as to "follow the investor".

Effects of divorce:

As mentioned above, if the investor divorces before the consular procedure, his ex-wife or ex-husband will not be included in the NVC application.

2.2 Adjustment of identity application stage (the applicant is in the United States)

The influence of marriage:

If the investor gets married after the I-526 application is passed, and is legally in the United States, he can apply for adjusting his identity if he has an immigrant visa, and his spouse can also adjust his identity by providing a marriage certificate.

Effects of divorce:

If the investor divorces before changing his identity, the application materials shall include the divorce certificate together with other personal information. (EB5Sir Note: Spouses will not be able to obtain identity).

3. Submit I-829 conditional release stage.

The influence of marriage:

If an investor marries during the period of conditional permanent resident status, his/her spouse is eligible to apply for an immigrant visa (which can be the beneficiary of I- 130 application), and as the spouse of a legal temporary permanent resident, apply for a relative immigrant visa (F2 visa). The visa schedule will be updated monthly in the visa announcement in the State Council, USA.

Effects of divorce:

According to the provisions of 8 CFR 2 16.6 (a) (1), the ex-wife or ex-husband of an investor with temporary permanent residence status in the United States can be included in the I-829 application cancellation conditions, or submit the application cancellation conditions separately.

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