Question:
My husband is in J-1 status,
and I was admitted to the U.S. with J-2 visa. My husband and I now have
a separation, and we do not plan to live together as husband
and wife ever again. However, we have not gone through the legal
divorce process. Am I still in valid J-2 status?
Answer:
Normally, physical separation or legal separation, a separation
formalized by a court, of married parties does not constitute a legal
termination of a marriage. This is the case even in circumstances where
each party of the marriage has no intention of residing with each other
again.
However, in some instances, a legal separation may be considered a
legal termination of a marriage for immigration law purposes. This
occurs when the law of a state or country converts legal separations
automatically into divorces after a period of time.
You will remain in J-2 status until your marriage to the J-1 holder is
terminated. Your physical separation from your husband should not
influence your J-2 status.
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