Can I get divorced and then remarry while keeping the same F2A?

It is important to understand that the Family Based F2A visa petition – intended for spouses and minor children of United States lawful permanent residents – is based on the genuine and ongoing marital relationship between the parties.

That is, if a divorce occurs, the foundation for the original petition no longer exists. Practically speaking, if you get divorced, the F2A petition filed based on that marital relationship becomes invalid, because the relationship that supported the request no longer persists.

Therefore, when entering into a new marriage, it is not possible to ”keep” the same F2A petition. Instead, the new couple would need to start a new petition process, complying with all current requirements and demonstrating the genuineness of the new relationship.

Always remember that US immigration laws are strict, and changes in marital status can significantly impact the immigration process. For this reason, it is essential to consult reliable sources and, if necessary, seek specialized guidance to understand how changes in your personal situation can affect your petition or that of a family member.

Avoid relying on simplistic solutions or promises from companies that guarantee results without respecting legal procedures, as this can lead to future complications. Staying well informed and following all rules is crucial for success in the immigration process. Each case is unique, and procedures should be closely monitored to ensure all legal requirements are properly fulfilled.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.