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Can I apply for the EB-5 with a same-sex spouse without any issues?

Same-sex couples can apply for the EB-5 including their spouses, provided they meet the legal and immigration requirements of the program in the US.

Written by

Victoria Harper

Editor-in-Chief

Updated on October 11, 2025
1 min read
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The EB-5 visa allows foreign investors to immigrate to the United States through qualified investments that create jobs. Same-sex couples have the same rights as opposite-sex couples in the process, as marriage is legally recognized in the US.

To include a same-sex spouse, it is necessary to prove the validity of the marriage according to local laws or recognition in the US. The EB-5 requires strict compliance with requirements, such as proof of investment and job creation, which is why it is essential to follow immigration laws and seek specialized guidance, avoiding misleading promises.

If all criteria are met, there are no impediments to including the spouse in the application.

Learn more about EB-5 Visa

Type
Investment Green Card
Min. investment
US$ 800,000
Jobs created
Minimum 10 (full-time)
Processing
24-48 months
All about EB-5 Visa
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.

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Can I apply for the EB-5 with a same-sex spouse without any issues?

Same-sex couples can apply for the EB-5 including their spouses, provided they meet the legal and immigration requirements of the program in the US.

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