What is the effect of marriage and divorce on a pending immigration case? 3 Answers as of March 03, 2011PR father petitioned for daughter (unmarried and over 21). case pending. During pendency, daughter married but subsequently divorced. Case is almost ready for processessing at NVC - can she still be eligible in the 2b category.
Nicastro Piscopo, APLC | Louis M. Piscopo
No she is not. As soon as she got married the petition was automatically cancelled since her father was only a PR. Her subsequent marriage does not revive the petition or unrevoke it. The Immigrant Visa application (Forms DS-230I&II) specifically asked if a person is single (never married), married, or divorced.
Answer Applies to: California