Does a marriage after I-526 approval allow the spouse to be included?

As a general rule, EB-5 expects that dependents, such as a spouse and children within the age limit, be included in the petition from the start, when the investor files the I-526. If the investor was single at that time and married afterward, the new spouse does not automatically appear on the already-approved petition.

There is still a path forward: if the marriage takes place before the immigrant visa interview or before the adjustment of status application, the spouse may be added at that stage. To do so, the investor must demonstrate that the union is valid and genuine, with documentation such as a marriage certificate and evidence of the relationship.

At that stage, the new spouse may become eligible for conditional residence alongside the investor, provided that documentation and deadlines are strictly observed. Because each case has its own particulars, it is advisable to confirm the current rules with USCIS and seek guidance from a specialist before taking action.

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Victoria Harper

Editor-in-Chief

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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.