Immigration | I just got married, but as I am being filed for, will I have to get a divorce?

Greetings Mrs. Walker-Huntington,

My father is in the United States, and he is filing for his children. I recently got married. What I am hearing though is that I will have to divorce my husband in order for the filing to come through. Is there any truth to that? I thank you for your response.

Best Regards

C.B.,

Dear CB:

It depends. A green card holder cannot petition for a married son or daughter, only an American citizen can do that.

If a parent is a Green Card holder/lawful permanent resident of the United States and they filed a petition for their son/daughter to migrate to America when the son/daughter was unmarried, and the son/daughter marries before migrating that petition is voided. Divorce cannot cure the voided petition.

Even if the son/daughter divorces while the petition is pending and is now unmarried again, the petition remains void as it became void the moment the marriage took place.

In a situation such as this, the process must start over.

Either the son/daughter gets a divorce and let their Green Card holder parent re-file for them as an unmarried son/daughter – they will have a new filing/priority date. Or the parent if eligible - or close to eligibility - becomes a US citizen and files a petition for their married son/daughter.

It is important for anyone who is this situation – that they correct the problem and not proceed as if they are single. To do so would amount to immigration fraud and bar future immigrant visas without a waiver.

If you happen to secure an immigrant visa in the unmarried category while being married, you will forever be looking over your shoulder because once the fraud is discovered you will be placed in removal proceedings to revoke the Green Card.

In this as in all legal matters, a person must be truthful and deal with the consequences.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal & international law in Florida. She is a mediator and former special magistrate & hearing officer in Broward County, Florida. info@walkerhuntington.com