When Is The Best Time to Get Married?

Hello, I’m Vaughan de Kirby and I thought it would be a good idea to talk about a subject that just came up today with a couple that came into my office. The future husband, the fiancé was planning to apply for EB-5 and they wanted to know when they should get married. Well obviously there are three alternatives: there is now, which is a good idea; there is before their I-526 is granted; or later, after he has received his green card. And let’s look at what those alternatives would result in.

Number one, if they got married now, then when his I-526 is granted, he would be able to apply for his wife. That would also be true if he applied for his EB-5 application now, filed his main application, and before it was approved, he and his fiancée got married. So before he was approved he would be a married man. In that case, his fiancée would become part of his EB-5 application as his, then, wife.

The alternative, which I warned them about, is waiting: waiting until after he has received his green card. You may know that there is a long wait, especially from certain countries, like India and China and some other countries, where you are waiting well over a year for your spouse to be recognized under a green card.

So if you are thinking about getting married and you are applying for EB-5, now is a good time, before your I-526, you first application, is filed. But absolutely get married before USCIS has adjudicated your application because after that adjudication, it’s too late and you will be waiting as a green card holder. I hope this has been helpful. 

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney

EB-5 Regional Center Program Ends 9/30/19

Congress has extended the current Regional Center program to September 30th, 2019, at which time it will sunset unless extended. We anticipate future legislation that will call for an increased investment amount and more stringent requirements. For this reason, we recommend to our clients that they take action under the current law if at all possible.

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