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?
Answers
Barbara Suri
Immigration Attorneys DirectoryYou can submit your I-829 application separately.
Fredrick W Voigtmann
Immigration Attorneys DirectoryA 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.
A Olusanjo Omoniyi
Immigration Attorneys DirectoryGenerally, 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.
Jinhee Wilde
Immigration Attorneys DirectoryI-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.
Jimena G Cabrera
Immigration Attorneys DirectoryThe 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.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryThe 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.
Irina A. Rostova
Immigration Attorneys DirectoryYour 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.
Anthony Korda
Immigration Attorneys DirectoryIf 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.
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