Can my spouse get divorced and remain on the EB-5?

Regarding the EB-5 visa, it is important to clarify that it was created to attract investors who can contribute to the United States economy through qualifying investments. In this process, normally, the principal investor (the one who makes the investment) receives the residence authorization, and their spouses and children can be included as derivative beneficiaries.

Thus, the issue of a divorce can have different effects depending on whether the person is the principal investor or part of the dependents. If the principal investor gets divorced, their status under the EB-5 is generally not affected, provided the investment continues to meet all the program’s requirements, such as maintaining the invested capital and creating or preserving jobs. This is because the right to residence is primarily linked to the investment made.

However, if the spouse who was included as a derivative beneficiary divorces, they may lose the right to residence obtained through the marital relationship. There are very specific and atypical situations in which, for humanitarian reasons or family reorganization, some flexibility may occur, but these remain exceptions and depend on detailed analyses by immigration authorities.

In any case, it is crucial to stay aware of changes in immigration laws and regulations, always maintaining compliance with official requirements. Therefore, we always recommend seeking guidance from qualified professionals in the immigration field and avoiding information from sources that promise guaranteed results, as each case has its own complexity and particularities.

Keeping the investment on track and strictly complying with United States regulations is essential to ensure the EB-5 process proceeds as expected. Remember that the best way to guarantee that your rights are protected is to act according to the current legislation and count on specialized consulting to analyze your case in detail.

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.