Can I exclude my spouse in my I-829 Petition due to divorce? - EB5Investors.com

Can I exclude my spouse in my I-829 Petition due to divorce?

I am the primary applicant for an EB-5 visa and prepared for the EB-5 visa unmarried. But I got married and invited my spouse. Now, I am considering divorce. Can I apply for the I-829 without including my spouse?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys Directory
Answered on

If you divorce, she can still file separately.

Julia Roussinova

Julia Roussinova

Immigration Attorneys Directory
Answered on

You are not required to include your former spouse in your I-829 petition. However, your former spouse can file I-829 petition on their own even if you get a divorce.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys Directory
Answered on

You don’t have to include your spouse/ex. But they can file on their own.

Ying Lu

Ying Lu

Immigration Attorneys Directory
Answered on

Though you can exclude your ex-spouse from the I-829 form, she/he may file the I-829 independently.

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