What are the effects of divorce and remarriage while your US immigration application is being processed? Advice from VICTORY

According to the Department of Homeland Security, each year tens of thousands of spousal sponsorship applications are rejected because they cannot prove a real relationship. Immigration consulting units in Vietnam, including VICTORY, have recorded many cases of customers being confused because they did not anticipate this complexity.

How is a divorce while the case is in progress affected by dependents?

If the immigration application is based on a spouse sponsorship, divorce means that the application is immediately invalid. The sponsored spouse no longer has the right to immigrate under this category.

In the case of a primary petition under the investment (EB-5) or employment (EB-3) category, the situation is different. The primary applicant continues the process, but the divorced spouse will no longer be included. Unmarried children under 21 years of age can still retain the right to accompany the parent who is the primary applicant.

VICTORY representative shared: “Many Vietnamese investors are concerned that when they divorce, their children will lose the opportunity to settle down. In fact, children can still come along if they are legally dependent, but not their spouses.”

Can a remarriage during the waiting period add a new dependent?

In many cases, the principal applicant remarries before the application is complete. In principle, adding a new spouse to the application is possible, but USCIS will require documentation to prove the real marriage, including: Marriage certificate, proof of cohabitation, joint finances, family photos, etc.

According to VICTORY experts, the timing of remarriage is also very important. If it happens too soon after the divorce, the application is likely to be suspected of being a marriage to “get a green card”. This not only prolongs the process but also increases the risk of rejection.

How are children affected if their parents divorce/remarry?

For children, benefits are generally more stable than for spouses. Children under 21, unmarried, are still considered dependents and can follow the main applicant, even if the parents divorce.

However, if there is a change in guardianship, the applicant needs to provide additional legal documents proving the parent-child relationship. According to VICTORY's experience in US immigration consulting , delay in providing these documents can result in a request for additional information (RFE) or delay for many months.

Risks of being suspected of a sham marriage and how USCIS checks

USCIS is particularly vigilant about cases where a marriage changes while the case is pending. The agency typically uses a variety of investigative measures:

Interview each person individually to check for consistency.

Requires submission of joint financial evidence, family photos, property deeds or bank accounts.

Check immigration history and social media activity.

If USCIS finds the marriage is fraudulent, not only will the application be denied, but the applicant may be barred from immigration for many years. “This is the biggest risk and the only way to avoid it is to be transparent and prepare the evidence from the beginning,” warns the attorney who works with VICTORY.

Solutions to avoid risks for Vietnamese people

To protect settlement opportunities, experts make some recommendations:

• Honestly declare any changes in marital status during the application process.

• Prepare clear evidence if remarrying, including financial documents and living arrangements.

• Protect your children's rights with guardianship papers and proof of legal relationship.

• Consult a reputable agency: Many cases at VICTORY have been successfully processed thanks to customers' timely declarations, avoiding suspicion of fraud.

Divorce or remarriage while the US immigration application is being processed is a sensitive situation that can directly affect the rights of the spouse and accompanying children. For Vietnamese people, the biggest concern is: will the child still be able to go and will the application be completely canceled?

The answer is: Children usually retain the right to follow, but the ex-spouse will no longer be on the record. If you remarry, you can add a new spouse but need to clearly demonstrate.

As Mrs. Vicky Nguyen, CEO of VICTORY, emphasized: “Immigration documents are inherently complicated, but if transparent and well-prepared, families can still maintain the opportunity to legally settle, even when circumstances change.”