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[Q] When do I have to marry my boyfriend/girlfriend to include him/her in my EB-5 case?


[Q] I’m currently on F-1 visa status, and am planning to marry my boyfriend (who is also on OPT status in the US) in the next few months. Can we file our application together with me as the principal applicant, and my boyfriend as the dependant? Do we have to get married before we submit the EB-5 application, OR can we get married after the application has been submitted, and is under review?

Under the general U.S. immigration law, you don't have to marry your boyfriend BEFORE you submit the I-526 immigrant petition in order to include him in your EB-5 case; but you do have to marry him before you obtain immigrant visas. However, practically speaking, to avoid a delay in the processing, I would just marry before submitting the I-526 immigrant petition.