Enterline & Partners Consulting | info@enterlinepartners.com

Can My Spouse Delay Their EB-5 Visa Application and Apply to Immigrate Later?

In most cases, the family member of a principal EB-5 Petitioner, called a “dependent” or “beneficiary”, can delay his or her visa application to immigrate to the U.S. until a later date if the conditions for eligibility are still in place in the future.   The decision for a spouse to delay his or her immigration is common for some EB-5 immigrant investors.

Sometimes. one spouse wants to immigrate immediately and bring the children to the United States while the other spouse will delay his or her immigration.  The most common reasons are that one spouse wants to continue to work and earn income in his or her home country or stay behind and continue to operate a business.  In addition, there may be tax planning strategies available for a spouse not to immigrate at the same time as the EB-5 Petitioner.

There are some important considerations when deciding if the beneficiary spouse will delay his or her immigration.

At the time the beneficiary spouse decides to immigrate, the EB-5 Petitioner spouse must continue to maintain his or her resident status and the couple must also stay married.

The EB-5 “Immigrant Investor Program” also known as the “Regional Center Program” (the “Program”) must continue to exist.   Under EB-5 law, the Program is still temporary.  It has been extended from time to time since its enactment in 1993.  The latest extension is until June 30, 2021.

We expect that the Program will continue to be extended or made permanent by the U.S. Congress. If the Program is terminated, immigrant visas for EB-5 Petitioners and their dependents who invested in EB-5 projects sponsored under the Program – (I5) and (R5) – will no longer exist.  This means that in the unlikely event that the Program ends, anyone who does not have a visa issued by a U.S. Consulate, or who has not yet completed their adjustment of status with the United States Citizenship and Immigration Services, will no longer be eligible for an EB-5 visa.  A spouse that delays his or immigration might lose his or her opportunity if the Program sunsets.

If the spouse does not follow the EB-5 Petitioner for several years, then the petitioning spouse must also complete the removal of conditions process.  After 21 months of conditional permanent residence, an EB-5 Petitioners must file a Form I-829 Petition to remove the condition from their permanent resident status.   If the EB-5 Petitioner does not file the I-829 Petition or otherwise maintain his or her permanent resident status, then the other spouse will not be eligible to immigrate later.

We usually recommend that immigrant visa applicants always move forward with their visa application process, because it is easier to maintain permanent resident status than it is to obtain it, and we can never predict if there may be changes to U.S. immigration laws that impact a beneficiaries’ eligibility.  However, some families do have compelling reasons for one spouse to stay behind and immigrate at a later time.

If you are considering this, we welcome you to contact one of our lawyers at info@enterlinepartners.com and speak with us in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

What Is Capital In The RIA?

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the definition of “Capital” as an investment for EB-5 has been updated.  Capital includes cash, as well as any real, personal, or mixed tangible assets that are owned and controlled by the investor and which are invested in, or contributed into, the business. Capital can also be assets held in trust for the investor, provided the investor has unrestricted access to them. This guarantees that the funds are accessible for investment purposes and job creation. Capital must be evaluated using Generally Accepted Accounting Principles (GAAP) or other SEC-adopted standard accounting procedures at the time of investment, at fair market value in U.S. dollars. This guarantees uniformity and openness in the investment’s appraisal. The definition of capital excludes several types of assets: However, Capital invested in a business with a buyback option may still qualify if the option can only be

Read more >

David Enterline speaks at IIUSA EB-5 Event in East Asia

Enterline and Partners Managing Partner David Enterline served as Panel Moderator for the IIUSA 2025 Passport Series: East Asia event held in October this year.  He moderated the panel “How to Evaluate and Select the Right EB-5 Project for Investors”. IIUSA is the national membership-based EB-5 industry association for EB-5 Regional Centers and other EB-5 stakeholders and professionals. Its members are responsible for the large majority of capital investment and job creation in the U.S. from foreign nationals investing and immigrating to the U.S. via the EB-5 Immigrant Investor Program.  David has been an active member of IIUSA since 2009. The panel consisted of experienced EB-5 stakeholders including Regional Center representatives, EB-5 lawyers and third-party promoters from various markets.  The panelists shared their knowledge, insight and thoughts on key factors when considering an EB-5 project to invest in.  If you are considering the EB-5 route to immigrate to the U.S. and

Read more >

What is a Form I-129F? Petition for Alien Fiancé Explained

A Form I-129F is a Petition for Alien Fiancé(e) filed through the United States Citizenship and Immigration Services (“USCIS”). The form can only be filed by a U.S. citizen ages twenty-one (21) and above. Non-US citizens including lawful permanent residents are not able to petition a foreign fiancé(e). Form I-129F Requirements Before a U.S. citizen can file for his or her foreign fiance, they must have accomplished the following: How Much is the Form I-129F Petition Filing Fee? The current filing fee for a Form I-129F Petition is US$675. This fee is payable to the U.S. Department of Homeland Security with a credit card by using a Form G-1450 or ACH transitions with a Form G-1650. When is the Best Time to Submit a Form I-129F Petition? A Form I-129F Petition can be submitted at any time throughout the year. Once the petition is received by USCIS, it will be

Read more >
Vietnam
icons8-exercise-96 chat-active-icon