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.
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.