How can my fiance receive a green card through my EB-5 application?

Generally, you need to show a marriage certificate when applying for conditional permanent residency. But before that happens, you still need to find an EB-5 investment project, prepare and file the I-526 petition, and wait for an approval. This entire process can take 16-24 months! It is essential to retain immigration counsel to plan for the EB-5 and immigration processes.

Thank you for your inquiry. If by "applying for EB-5" you mean submitting your I-526 application, then the answer is no, you do not have to be married at that point.

If you are the principal EB-5 investors, as long as you are married prior to receiving your conditional lawful permanent resident status (the green card), then your spouse may be included as your dependent and receive her green card at the same time. You do not need to be married at the time you file your I-526 petition.

You do need to be legally married before your fiance can apply for a green card through your immigrant investor visa application.

You do not have to be married at the time of filing the I-526 petition, but you must be married prior to applying for the immigrant visa or adjustment of status based upon the approved I-526, if your fiance is to be included.

It is advisable to marry your fiance before the U.S. consulate or USCIS approves your application for conditional permanent residency. On this basis your new spouse can also obtain conditional permanent residency.

In order to have your fiance to benefit from your EB-5 application, you two have to be legally married. Under U.S. immigration law, a spouse who is a dependent on the green card application has to be legally married to the principal applicant. Here, simply being engaged to each other will not qualify your fiance to any immigration benefits. As long as your marriage takes place before the approval of your conditional green card, your fiance will be eligible to apply as a dependent. Your finance may not receive the actual green card at the same time as you, if your adjustment applications are not filed at the same time. This is because USCIS treats each adjustment application on a first come, first serve basis.

No you need not be married when you apply for your I-526, but after its approval,when you apply for your permanent residency, you must be married.

You and your fiancee do not have to be married when your filed the I-526, but you have to be married before you are approved for your permanent residence (green card). That means you have to be married before either your adjustment of status application is approved (if you file for adjustment because you are in the United States) or before your enter the United States with an immigrant visa (if you consular processed). If you get married after either one of those two events, you would have to separately petition her and that could take several years.

In order for your partner to get a green card through the EB-5 program, you must be legally married.

If you are married before you receive your immigrant visa or conditional green card via EB-5, you can add your spouse in. If you are married after you receive your visa, then you can petition your spouse through the family-based channel.

Only the legally married spouse may receive the immigration benefit through your application. If the I-526 was filed while you are single, but you have since married while that is pending, you could add your spouse at the immigrant visa processing stage with that marriage certificate. Your immigration attorney will be able to help you through this.

You may not include your fiance(e) in your I-526 petition because s/he is not legally your immediate family member (spouse); however, if you get married while your I-526 is pending, you should be able to notify NVC (if you plan to consular process to receive your immigrant visa upon approval of your I-526 petition) that you are married. Each of you then will be able to submit the immigrant visa application to immigrate to the United States at the same time or your spouse may follow to join.

No. As long as you are married before you receive your immigrant visa, your spouse will get a green card as well (if she applies for it).