Do I Remain in J-2 Status after My Marriage to the J-1 Husband Is Terminated?

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.