Can an R-2 visa holder get divorced and marry an American citizen without losing the status?

It is important to understand that the R-2 visa is an authorization granted to the dependents of the R visa holder, which is intended for religious workers. This status is intrinsically linked to the relationship that gave rise to its issuance. Thus, when the dissolution of the bond that underpins the issuance of the visa occurs, there are risks in maintaining this status without transition measures being adopted.

If the R-2 visa holder divorces the R visa holder, the basis that supported their stay in the country is lost, and generally, this results in the automatic loss of dependent status. This situation requires caution: the divorce itself does not ”transform” the visa into another one, even if the new intention is to marry an American citizen.

However, if there is a desire to remain legally in the United States through a new bond, such as marriage to an American citizen, it will be necessary to apply for a change of status to a category that fits the new situation. This process is separate from the R-2 visa and requires the submission of petitions, proof of the relationship, and strict compliance with the requirements of the United States Citizenship and Immigration Services (USCIS).

Each step must be conducted carefully to avoid gaps in immigration status or future complications. It is always worth reinforcing the importance of strictly following United States immigration laws, seeking updated information, and relying on specialized professionals in the area to assess available options. This helps prevent problems resulting from inadequate procedures or proposals that promise miraculous solutions without legal support.

Remember that this information does not replace a personalized consultation, and each case has particularities that must be carefully considered.

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.