Published on 07/06/2015
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.