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5 challenges of divorce on family visa status

On Behalf of | Jan 23, 2024 | Family Immigration

Marriage is often the cornerstone of family life. For many immigrants, it intertwines with their visa status. However, when a marriage encounters the stormy seas of divorce, the impact on family visas can be profound and intricate.

1. Visa dependency on marital status

A family visa is often granted based on the marital status of the individual. In the context of a divorce, this could jeopardize the visa status. The dependency on the marriage is a key factor in maintaining legal residency.

2. Conditional residency challenges

Some visas come with conditional residency, requiring the couple to prove the legitimacy of their marriage after a certain period. In the wake of a divorce, meeting these conditions becomes a labyrinth of challenges.

3. Sponsorship obligations unraveled

In many family visa scenarios, one spouse sponsors the other. Divorce may unravel these sponsorship obligations, potentially leading to questions about financial support and responsibility.

4. Time constraints and visa renewals

The divorce process takes time. During this period, visa renewals may come into play. Navigating the legalities of visa renewal while undergoing a divorce adds another layer of complexity.

5. Reassessment of eligibility

Following a divorce, individuals may need to reassess their eligibility for certain family visas. The change in marital status could impact the criteria they originally met when obtaining the visa.

In FY 2022, U.S. Citizenship and Immigration Services received 270,000 family-based visa applications, all of which have certain rules and guidelines. While the journey of maintaining family visa status amid a divorce is intricate, awareness and informed decision-making can guide individuals through it.