Can the derivative spouse get divorced and continue on the EB-5?

The EB-5 visa is a program that allows foreign investors to obtain permanent residence in the United States by investing a significant amount in a job-creating project. This benefit is extended derivatively to family members, such as the spouse, provided that the marriage is genuine and maintained during the conditional period.

When faced with the situation of a derivative spouse’s divorce, it is important to understand that the maintenance of the EB-5 benefit is directly related to the strength and continuity of the marital relationship. In general, if the divorce occurs before the removal of the resident status conditions, the derivative spouse may have their benefit compromised, as the initial authorization is tied to the existence of a bona fide marriage during the conditional period.

This rule aims to prevent fraud and ensures that the investment has, in fact, contributed to an authentic relationship. If the divorce occurs after the removal of the conditions, that is, once the principal investor has already become a permanent resident without the restrictions of the conditional period, the situation tends to be different.

Even in this scenario, it is essential to be cautious and be prepared for possible questions from immigration authorities, as the evaluation of the relationship may be reviewed in certain contexts. Each situation has its particularities, and it is fundamental that any change in marital status be communicated and duly assessed within the immigration process.

In light of these nuances, it is imperative to strictly follow United States immigration laws and seek guidance through specialized professionals. Beware of promises of easy results or unfounded guarantees; cooperation with serious and experienced experts is the safest path to handle delicate matters such as this. Thus, you will be better prepared to understand all implications and make well-founded decisions during the immigration process.

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.