Can I continue with EB-5 if I divorce during the process?

Generally, yes. In the EB-5 process, the petition is anchored by the principal investor, whose eligibility is tied to meeting the investment and job creation requirements, not to marital status. A divorce during the process does not automatically cause the investor to lose the benefit.

What changes is the situation of the dependents. A spouse who was listed on the petition as a dependent may need to be removed or have their information updated with immigration authorities after the divorce. Dependent children follow their own set of rules.

In any scenario, transparency is essential: changes in marital status must be reported to the relevant authorities so the process remains in compliance. A significant change like this may require a review of the supporting documents package.

Because every case has its own circumstances, it is important to confirm the appropriate steps with the USCIS or with a trusted specialist, and to be cautious of anyone who promises a guaranteed outcome.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.