Divorce is a major life event that causes disruption and difficulty. If you are in the U.S. on a temporary visa and undergoing a divorce, it is important to understand the divorce impact on your visa and your ability to remain in the U.S. This article explains when divorce will impact your temporary visa status and helps you understand options for remaining in the U.S. if you can no longer rely on your dependent visa after the divorce.
- A divorce usually ends a dependent spouse’s temporary visa status and any related work authorization, once the divorce is legally final.
- To remain in the U.S., dependent spouses should plan early and file a change of status (to visas such as E-1, E-2, H-1B, F-1, or B-2) before the divorce is finalized.
- Principal visa holders keep their status after divorce if they continue qualifying activities, but their former spouse’s immigration status is significantly affected.
The Divorce Impact on Temporary Visas for Dependent Spouses, including E, H, L, O, P, TD Visas
If your visa was granted on the basis of your marriage to a principal visa holder, a divorce means that your current visa and immigration status are no longer valid. For example, if you are married to an E-2 investor and you received an E-2 spousal visa, your immigration status as an E-2 spouse will no longer be valid once you are officially divorced.
Any work authorization gained on the basis of the spousal visa will also terminate once the divorce is final. It is important to speak with a divorce attorney in the State where you live to understand when your divorce will be considered final so you can either submit a request to change your status or depart the U.S. before the marriage is legally over.
Options to Address the Divorce Impact and Stay in the U.S.
If you would like to remain in the U.S., you should start planning for this well in advance of your divorce being finalized. If you are in valid status you can apply with U.S. Citizenship & Immigration Services to change to a different visa status before the divorce is finalized.
If you want to work, you should speak to a business immigration attorney to assess your options. Some common options include the E-1 or E-2 (only for treaty country nationals), E-3 (only for Australians), H-1B, O-1, or TN (only for Canadian or Mexican citizens). If you want to attend school, you can apply for F-1 status after being accepted to a U.S. program. If you are interested in remaining only for a short time to settle your affairs and then return to your home country, you may apply for a change of status to B-2 tourist status.
If you want to proceed with a change of status, the important thing is that you must file the petition before the divorce is finalized. Even if your I-94 and visa are still facially valid based on the validity dates, once the divorce is finalized you are no longer maintaining status.
A change of status will allow you to remain in the U.S., but if you want to travel internationally, you will need to leave the U.S. and apply for a visa at the U.S. Consulate in your country of residence or nationality. Once your divorce is final you should not use your dependent visa to travel to the U.S. Entering the U.S. on your visa after the divorce is final could be seen as a misrepresentation and could have significant consequences for re-entering the U.S. or obtaining other visas in the future.
The Divorce Impact on Temporary Visas for Principal Visa Holders
If you are the principal visa holder, meaning you are the one who was directly eligible for the visa based on activities such as work, study or an exchange program, then a divorce will not impact your visa validity or status in the U.S. You can remain in the U.S. as long as you continue to maintain your status by working, studying or engaging in the activities that made you eligible for the visa.
However, as noted above, your former spouse will be significantly impacted by the divorce, therefore it is a good idea to inform your divorce attorney so they are aware of the impact of the divorce becoming final.
At Scott Legal P.C., we can provide strategies and guidance to help you decide on the next steps if you are concerned about a divorce impacting your immigration status. We encourage you to schedule a consultation with our legal team to develop a strategy tailored specifically to your immigration goals.
