Can a divorced person include children from a previous marriage?

The EB-5 is a program that allows investors and their families, in general, to include as dependents the spouse and unmarried children (usually under 21 years old or those who can prove financial dependency).

If you are divorced, it is possible to include children from a previous marriage, provided they meet the criteria required by the program. In the context of EB-5, the important point is to prove the legal relationship between the investor and the children, whether biological, adoptive, or, in some cases, arising from a previous marriage, if there is documentation that establishes parental responsibility and financial dependency.

Normally, the children must be unmarried and meet the definition of dependents according to United States immigration rules. Each case has particularities. Documents such as birth certificates, divorce decrees, and custody agreements may be required to demonstrate inclusion in the investor’s family group. U.S. immigration authorities require clear proof of family relationships.

Given the complexity, specialized guidance is recommended for the correct interpretation of the laws and to avoid misunderstandings. It is essential to be cautious of easy solutions, as the process must strictly follow American regulations. In summary, children from a previous marriage who meet the EB-5 criteria can be included, but each situation must be analyzed individually with appropriate support to comply with legal requirements.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.