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Does an EB-5 investor have to include his/her spouse on the application if the spouse does not intend to pursue the EB-5 Visa?

An EB-5 investor is not required to list his/her spouse as a derivative beneficiary, but it is better to list all eligible family members in the I-526 Petition because it is much more difficult to add them later in the EB-5 process. Regardless of whether the spouse is included as a derivative beneficiary, the applicant should truthfully answer any questions about marital status and submit any requested documents (e.g., the marriage certificate).