What happens if I get divorced during the process?

The immigration process under the EB-3 visa involves several stages and details that can be affected by changes in your personal situation, such as divorce. It is important to understand how these changes can influence your petition and, especially, the status of dependents included in the process.

If you are the principal applicant (the one whose professional qualifications and job offer gave rise to the EB-3 visa), the divorce will not affect, by itself, your own eligibility for the benefit. However, any spouse included as a dependent in the application will have their eligibility impacted.

If the divorce occurs before the immigrant visa is issued, the spouse who is divorcing through the petition will usually no longer be able to obtain the derivative status. In such situations, the divorce may require the dependent’s name to be removed from the process or, if laws allow and the remaining spouse seeks another way to qualify, even a new individual process.

Moreover, if the divorce happens at an advanced stage of the process, such as after USCIS (U.S. Citizenship and Immigration Services) approval, it is essential to notify the competent authority of the changes. Eligibility rules must be followed strictly, and any alteration can draw the attention of the department responsible for reviewing immigration cases.

Each case has specific details, and the timing of the divorce can change the way the process is handled, especially regarding benefits granted to family members. Therefore, it is crucial to observe U.S. immigration laws and seek clarification from official sources or specialized professionals who can guide you according to the peculiarities of your situation.

This way, you avoid falling for scams or promises of miraculous results made by dubious marketing campaigns. Staying informed and following official guidelines is the safest way to handle any changes during the immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.