Getting married, in itself, does not cause a derivative child to lose the conditional green card obtained through EB-5. A change in marital status does not automatically invalidate the conditional residence already granted.
What does change is something else: the new spouse does not automatically become part of the original EB-5 petition. If the derivative child marries after receiving the conditional green card, the husband or wife is not included in the existing process. For that person to also seek resident status, the usual path is a separate petition based on the marital relationship.
A few steps help keep everything in order:
- Report the change in marital status to the immigration authorities.
- Complete the forms in accordance with USCIS guidelines.
- Keep the documentation, which can be useful at the conditions-removal stage.
As the conditional period nears its end and the time comes to remove the conditions, the new marital status may be a factor to consider. Since every case has its own specifics, confirm the current requirements with USCIS or a qualified immigration professional.
Learn more about EB-5
- Type
- Investment Green Card
- Min. investment
- US$ 800,000
- Jobs created
- Minimum 10 (full-time)
- Processing
- 24-48 months
About the author
Victoria Harper
Editor-in-Chief
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.