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If I get divorced during the process, does the spouse lose the status?

Divorce during the EB-4 process may result in the loss of derivative spouse status, as the marriage must be valid until the green card is granted.

Written by

Victoria Harper

Editor-in-Chief

Updated on January 10, 2026
2 min read
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The immigration process can be quite complex, especially when we are talking about special categories such as the EB-4 visa. One of the important points to consider is the condition of the relationship that gave rise to the derivative benefit.

In the case of the EB-4, the spouse of the principal applicant is usually included as a derivative beneficiary in the petition. This means that, for the spouse to maintain this status, the marriage needs to be valid and ongoing throughout the entire immigration process.

If a divorce occurs before obtaining the green card, the dependent spouse loses eligibility for the benefit, since the relationship that supported the application no longer exists. It is important to remember that each case is unique, and factors such as the timing of the divorce and the specific details of the process may influence the outcome.

Therefore, it is essential to strictly follow the United States immigration laws and seek guidance through reliable sources. Beware of simplistic promises and marketing campaigns that guarantee easy results; the immigration process requires care, transparency, and strict compliance with current regulations.

Finally, to ensure the best handling of your case, it is recommended to seek detailed information from official sources and, if possible, consult specialists in the area of immigration. This way, you will be better prepared to deal with any changes in the process, such as a possible divorce, ensuring that all measures are taken in accordance with the law.

Learn more about EB-4 Visa

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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.

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If I get divorced during the process, does the spouse lose the status?

Divorce during the EB-4 process may result in the loss of derivative spouse status, as the marriage must be valid until the green card is granted.

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