If I divorce a citizen but already have an F1 from before, can I keep it?

Let”s start by highlighting that immigration processes in the United States can be quite complex, especially when they involve significant changes in family status.

In the case of having been married to a citizen and then getting a divorce, it is natural to have doubts about maintaining other immigration processes or statuses that you may have started earlier.

If you have an immigration process under the Family Based F1 category that does not depend on the marital relationship with the citizen – that is, if the petition was filed based on another family tie, such as being an unmarried son or daughter of a citizen – the divorce does not necessarily affect this process.

The key here is that the benefit you have is derived from another family bond that remains unchanged with the divorce. In this scenario, the process will continue in the category for which you were originally eligible, provided all other requirements remain met.

Still, it is essential to keep in mind that each case has its particularities. If there was any element or change in your situation that could interfere with the eligibility or continuity of the process – such as changes in immigration status resulting from the divorce – the process may become more delicate.

Therefore, it is always recommended to analyze all documentation and circumstances in detail.

It is worth emphasizing the importance of strictly following United States immigration laws. In cases like this, we recommend seeking guidance from specialized professionals or companies with recognized experience in this area to avoid misunderstandings, procedural errors, or, worse, falling victim to scams promising miraculous solutions.

Such caution helps ensure that any advice received is fully compliant with current legislation and tailored to your specific case.

Remember that rules may change and that each situation deserves an individualized analysis.

Therefore, although the general answer is favorable to maintaining a process not dependent on the marital relationship, thoroughly analyzing your case is essential for a safe and appropriate decision.

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.