Can I have a divorce process ongoing and still use my spouse”s TD?

It is important to understand that the TN visa is intended for professionals in certain fields, while the TD visa allows spouses and dependent children to accompany the principal holder. However, maintaining TD status is directly linked to a valid and active marriage under U.S. law.

If you are undergoing a divorce process, even if it has not yet been finalized, this may raise questions regarding the validity of the marital relationship for immigration purposes. U.S. immigration laws and policies require that the marriage remain legally valid while the dependent is using TD status.

In other words, if the separation is recognized or if there is evidence that the relationship is no longer active, this may affect eligibility for the TD visa.

Given the complexity of cases involving changes in marital status during the immigration period, it is essential that you gather detailed information about the legal requirements. Each situation may have particularities, and a thorough evaluation of the documents and stages of the divorce process is crucial to ensure compliance with immigration laws.

Always remember the importance of strictly following the established rules and seeking information from reliable sources. Avoid falling for promises of quick or guaranteed solutions, as these may conceal risks or even scams.

It is prudent to seek assistance from professionals specialized in this field, who can provide guidance based on current legislation before making any decision that could impact your immigration status.

This guidance is informative and does not replace personalized consultation with an immigration specialist.

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.