I obtained EB-5 I-526 approval for myself, my three kids and my then-wife in 2019. We got a divorce before applying for the I-829, so only me and the kids submitted the I-829. My ex-wife returned to our home country and her green card expired. Currently our I-829 is being processed and we are LPR under the 24-months extension. I now have a serious relationship with someone that is not a U.S. citizen or LPR, living outside the U.S. I would like to marry her, but I am concerned if that would negatively affect the processing of the I-829 for myself and my kids? If I get married now and eventually my I-829 gets approved, will there be an easier way for my wife to move to the U.S. permanently as the spouse of a legal permanent resident?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectorySince you are a lawful permanent resident, you can file an F2A second preference family petition for her now and it will not adversely impact your case.
Lynne Feldman
Immigration Attorneys DirectoryYou are a permanent resident now even though conditional, so you may petition for a new spouse any time under a family filing FB-2a.
Rebecca Bodony
Immigration Attorneys DirectoryGetting re-married should have no impact on your pending Form I-829. You can get married and petition for a spouse via Form I-130 at any time.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.