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ED

Elena Diallo

Posted 18 days ago

User
My spouse and I are separated but not divorced. Can I still file or continue a marriage-based immigration case?
2 Responses
r

rui zhang

Answered 18 days ago

User

Separation can complicate a marriage-based case because USCIS requires proof of a bona fide marriage and ongoing marital relationship. If the separation is temporary and reconciliation is possible, you may still continue the case, but you must be truthful about your living situation. USCIS may ask for additional evidence or explanations.

a

anna lindstrom

Answered 18 days ago

User

If the separation is permanent or divorce is expected, the case will likely not succeed. Marriage-based benefits depend on a real, ongoing relationship. In that situation, it may be better to explore alternative immigration options rather than proceed with a case that no longer meets eligibility requirements.

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