If I divorce before the process is complete, does my ex-spouse leave the case?

As a general rule, yes. The derivative status a spouse holds under EB-1 depends on the marital relationship. Once the marriage is legally dissolved, the ex-spouse ceases to be eligible for that status from the moment the divorce takes legal effect.

In practice, if the divorce is finalized before a decision is issued on the petition, the ex-spouse normally does not continue in the process as a dependent. The principal petitioner’s case moves forward and is evaluated on its own merits.

Any change in marital status must be reported to immigration authorities in accordance with current rules, so that the process remains in compliance. The exact timing of the divorce and the stage of the case may influence the specific outcome.

Because family changes during a pending case are sensitive, it is worth confirming how to proceed with the USCIS or with a specialist before making any decisions.

About the author

Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.