Does the marriage need to be official for the spouse to accompany the investor on an EB-5?

Yes. For a spouse to be included as a dependent on an EB-5 petition, the marriage must be official and legally registered. U.S. immigration authorities evaluate the authenticity of the relationship and require documentary evidence, such as a marriage certificate, to confirm that the union is genuine and recognized by law.

The EB-5 allows the investor’s family to be included in the petition: in addition to the spouse, children who qualify as dependents may also accompany the principal applicant. In all cases, eligibility rests on the formality and authenticity of the family relationship, supported by valid documentation.

In practice, a few details make a difference:

• A marriage that is formalized and registered in a recognized country.
• Authentic documents that are properly translated when required.
• Consistency between what is declared and what the documents show.

Informal unions tend to require separate analysis, so it is worth confirming the current requirements with the official source (USCIS) and, when in doubt, seeking specialized support. Be cautious of shortcuts or promises of guaranteed results.

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.