EB-5 Q&A:How can a married couple file separate EB-5 applications?

ANSWER

      The investor is one who puts EB-5 funds at risk in a new enterprise. That person files Petition I-526.   Assuming the investor’s I-526 petition for an immigrant visa is approved, that visa, then, enables the spouse and unmarried children under 21 to apply for permanent resident status along with the investor.   An investor may not have a spouse or children or perhaps neither wishes to immigrate to the U.S..   Your spouse does not appear on your I-526 petition.  You do not appear on your spouse’s I-526.  You and your spouse may be individual  investors your relationship is not .   When the first petition is approved, withdraw the second petition.   Then both apply for US conditional permanent resident status together on the first approved petition.  You will receive the return on investment from both investments.