How soon after gaining conditional resident status can an EB-5 investor file an F2A spousal petition?

If an EB-5 investor gets married at some point after filing Form I-485, once they have been granted conditional permanent resident status, they have the right to petition for their spouse’s immigration to the United States.

To sponsor their spouse, the EB-5 investor will need to file Form I-130, Petition for Alien Relative. Note, however, that if the EB-5 investor’s I-829 petition is ultimately denied, the spouse’s F2A petition may also be terminated.

Filing Form I-130 on Behalf of a Spouse

Once the EB-5 investor has become a lawful permanent resident, they are permitted to sponsor their spouse for immigration to the United States.

The spouse must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If the spouse is overseas, they must still complete Form I-130A though the requirement to sign it will be waived. The EB-5 investor must then append Form I-130A to their I-130 petition and submit them together.

When filing to petition a spouse, it is essential for the applicant to provide convincing evidence that the marriage was in good faith and was not entered into for immigration purposes. To prove the existence of a family relationship, the primary petitioner must submit certain documentation, including a copy of the marriage certificate, divorce certificates proving that any previous marriages were legally terminated (if applicable), and passport-style photos of both the primary petitioner and the spouse.

As additional evidence of the marriage’s validity, the primary petitioner may submit any of the following documents: papers showing joint ownership of property, forms showing the merging of the couple’s financial resources, birth certificates of the children born to the couple, amongst others.

Form I-829

To ensure the highest chance of approval for the I-829 petition, the EB-5 investor must prove that they have lawful conditional permanent resident status and that the requirements of the EB-5 program were met. The EB-5 investor must demonstrate that an eligible new commercial enterprise (NCE) was established and that their investment generated at least 10 full time jobs that were filled by authorized U.S. workers.