If I am a Canadian living in the US under my husband’s TD visa and I want a divorce here in the US, will the TSA be advised of it?

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If I am a Canadian living in the US under my husband’s TD visa and I want a divorce here in the US, will the TSA be advised of it?

We have been separate for over 2 years. He has supported my son and me because he wanted his son to stay here. I want a divorce because I met someone and want to get remarried here in the US. Our visa expires in 1 year, I don’t want to go home in the interim. That is why I want to know if TSA is advised or can I go on using the visa to go back and forth from Canada to the US until I get remarried which will happen before visa expires.

Asked on August 25, 2012 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As soon as you are legally divorced, you are no longer eligible for the TD status since you are no longer a dependent of your current spouse.  The USCIS may not be advised of it right away but if they question you when you cross into the US and you misrepresent, it may have negative consequences on your future ability to obtain immigration benefits through your future spouse, etc.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As soon as you are legally divorced, you are no longer eligible for the TD status since you are no longer a dependent of your current spouse.  The USCIS may not be advised of it right away but if they question you when you cross into the US and you misrepresent, it may have negative consequences on your future ability to obtain immigration benefits through your future spouse, etc.


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