Skip to main content

What happens if I get married or divorced after I file an application for asylum but before I have an interview?

If you have filed for asylum with the USCIS, you know that it is taking years to have an interview. There is currently a backlog of over 250,000 cases with the Asylum Offices nationwide. Therefore, many life events may occur between the time you file your application for asylum and the time that you have your asylum interview, including marriage or divorce.

If I file for asylum and then get married before my interview, can I add my spouse to the application?

If you get married and want to add your spouse as a derivative to your application, and you haven’t had your interview or a decision has not yet been made, you can add your spouse by filing a statement indicating you want to add your spouse as a derivative. When you file this statement, you should also include a copy of your asylum application with your spouse’s information added, an application for your spouse which includes a photo, and evidence that you are married. The Service Center should then forward the file to the local Asylum Office that has your case, and your spouse will receive a biometrics appointment.

You can also add your spouse at the time of the interview, as long as your spouse appears at the interview with you and you submit the above documentation to the Asylum Officer at that time. There is even a possibility to add your spouse after your interview but before you receive a decision.

However, once you have a decision, you will have to petition for your spouse through a different application called an Asylee/Refugee Relative Petition.

If I file for asylum while married, and then get divorced, can I remove my spouse from my application?

If you divorce your spouse, your spouse is no longer eligible for asylum as your derivative. You can notify the Asylum Office that you are divorced if you wish, or you can let the Asylum Officer know at the time of your interview.

If my spouse files for asylum and includes me on the application, but then we get divorced, can I file my own application for asylum but keep my spouse’s priority date?

If your spouse is the principal asylum applicant and you are the derivative and you divorce your spouse, you can file your own application for asylum. Even though there is a one year filing deadline for asylum, getting a divorce from a principal applicant is considered a changed circumstance that would merit you filing your own application after the one-year deadline.

For more information on the one-year filing deadline, click here.

If you are the derivative and you are getting divorced, it is important to file an application as soon as possible if you also have a fear of persecution and qualify for asylum because of how long you will have to wait for an interview. When the Asylum Office learns that you and your spouse are divorced, you will be deleted from your spouse’s case. If you file for asylum after you are deleted from your spouse’s case, you will no longer have your spouse’s priority date, which is the date your spouse initially filed the application. In other words, if your spouse filed for asylum two years before you divorce, and then you file for asylum after the Asylum Office deletes you from your spouse’s case, you can still file for yourself but your priority date will be that new date that you file and not your spouse’s from two years ago. Asylum interviews are generally scheduled in the order that they are received and are taking years to be scheduled. If you don’t receive your ex-spouse’s priority date, you will not benefit from those two years that you already waited for an interview.

However, if you file for asylum before the Asylum Office knows that you are divorced, then you will not have yet been deleted from your ex-spouse’s case. In these circumstances, the Asylum Office will create a new case changing you from a dependent into a principal, and you will keep your ex-spouse’s priority date. This can make an enormous difference in the amount of time you will need to wait for an interview. Therefore, do not delay preparing and filing your asylum application if you are in the process of getting divorced and you are the derivative applicant.

Asylum is a complicated area of law and it is always good to speak to an experienced immigration attorney about your options.

FREE Visa Resources

Click on the buttons below in order to claim your free Visa Guide (E-1, E-2, TN, EB-5, H1-B, L-1, PERM, NIW, EB-1, O-1, E-3), sign up for our free Webinar, join our Facebook Group, or watch our videos.

Download FREE Visa Guide
Sign Up For Our Webinar
Join Our Facebook Group
Watch Our Videos

Set up a Visa or Green Card Consultation

For a dedicated one-on-one consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

10 Comments

  • Samuel Sainvilma says:

    I have got a pending Asylum Application and my wife just joint me legally. Can I file a separate application for my wife instead of adding her to my current? is it something possible?

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • Nathan says:

    My friend is applying for asylum and is currently married. His current spouse is slightly mentally abusive, making it known they married him for his money. He is afraid filing for divorce may cause him to be deported even if he found a new spouse. Would he be safe divorcing his current spouse?

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • crista says:

    can i please have your phone number to ask a few questions.

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Please reach out if you have any questions.

      https://ScheduleScottLegalConsultation.as.me/

      Kind regards,

  • dhiraj sharma says:

    Hello,
    i want to get consultation on my pending asylum application and derivative to my application. please let me know the next step to speak to professional in this regard and payment.

    Thank you

  • Zaidi says:

    my spouse is asylee can i apply to tourist visa and however after apply shall i get so what shall i have to do?

Leave a Reply to dhiraj sharma Cancel Reply

FREE WEBINARS