The principal’s own EB-1 or EB-2 eligibility, admissibility and visa availability must be assessed separately. If the relationship does not qualify as a marriage, the partner cannot be included merely by paying the spouse’s gift and fee.
Keep the principal's and the partner's questions distinct
A legally eligible spouse who intends to join should be considered for initial inclusion under the official FAQ. Derivative immigrant-visa entry must occur with or after the principal. If there is no qualifying spousal relationship, assess any independent option on the partner’s own facts without promising that another route exists.
Analyze the principal and each family member separately. Confirm the legal marriage, every child’s birth date and marital status, travel, admissibility issues, and documentary gaps. The principal application includes a qualifying spouse plus unmarried children younger than 21; neither cohabitation nor payment converts an unmarried partner into a spouse. The current route operates through EB-1 or EB-2 classification and not EB-5, so the principal’s underlying eligibility remains distinct from family inclusion. The common mistake is assuming that a partner problem either automatically defeats the principal or disappears once money is committed.
Hypothetical example: A LaSalle architect applies as principal while a partner who runs a floral-design studio may not be a legally recognized spouse. The architect should continue assessing the applicable EB-1 or EB-2 classification, personal admissibility, and whether a visa is available while the couple obtains focused marriage-law advice. If the relationship does not qualify, the partner needs a separately valid immigration basis to live or work in the United States. If it does qualify, records should support inclusion on the principal application rather than an independent Gold Card filing.