Can my spouse divorce and remain in the EB-5?

The answer depends on each person’s role in the process. The EB-5 grants residency to the principal investor – the one who makes the investment – and allows a spouse and children to be included as derivative beneficiaries. That distinction is what determines the effect of a divorce.

If the one getting divorced is the principal investor, their status is generally not affected, because the right to residency is tied to the investment, not to the marriage. What must remain in order are the program requirements, such as maintaining the invested capital and creating or preserving the jobs.

The spouse who entered as a derivative, however, obtains residency through the marital bond and, upon divorce, may lose that right. There are specific and atypical situations – humanitarian or family-reorganization grounds – where some flexibility may apply, but these are exceptions that require detailed analysis by immigration authorities.

Because every case has its own particulars and rules can change, the safest course is to consult a qualified immigration professional to assess your situation and protect your rights before making any decision.

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.