Divorce reshapes family life. It changes how people organize their days, how responsibilities are shared, and how future plans are discussed. Decisions that once involved two people are reconsidered, and long-standing arrangements are revisited.
For families living in the United States under the E-2 visa framework, divorce can also raise immigration questions. E-2 dependent status is tied to a family relationship, and when that relationship changes, uncertainty can follow.
To understand how divorce may affect E-2 dependents, it helps to look at the structure of the E-2 visa. The E-2 visa is a non-immigrant classification available to nationals of treaty countries who invest a substantial amount of capital in a qualifying U.S. business or who are employed in certain roles by that business. The visa allows the principal holder to enter and remain in the U.S. to develop and direct the enterprise. U.S. Citizenship and Immigration Services (USCIS) sets out these requirements as the foundation of E-2 status.
USCIS also limits who may hold E-2 dependent status. That status is available only to the spouse and unmarried children under 21 of the principal E-2 visa holder. The classification is based on the existence of that family relationship.
Divorce and marriage evaluation for E-2 dependent status
Publicly available U.S. immigration regulations do not clearly address divorce under the E-2 category. In the absence of a rule written for this situation, it is useful to look at how the U.S. government generally defines and recognizes a marital relationship for visa purposes.
For visa eligibility, spousal relationships are evaluated based on whether a marriage is legally valid. The Department of State, which sets out visa standards through the Foreign Affairs Manual (FAM), explains that a marriage is recognized for visa purposes if it is legally valid under the law of the place where it was performed. The FAM also notes that a prior marriage must be legally terminated before another marriage can be recognized for immigration purposes.
A change in marital status brings attention to continued eligibility under those same standards. Publicly available government guidance does not provide a specific rule for how divorce is treated under the E-2 category and instead refers to general standards for recognizing marriage for visa purposes.
E-2 dependent children
U.S. immigration rules describe E-2 dependent children separately from spouses. Eligibility for children is defined by age and marital status, rather than by the marital relationship between the parents.
USCIS describes E-2 dependent children as those who are unmarried and under 21 years of age. As long as a child meets those criteria and the principal E-2 visa holder continues to hold valid E-2 status, the child meets the definition of an E-2 dependent under USCIS guidance.
Key takeaway
Because the regulations do not clearly address divorce under the E-2 category, families should seek professional guidance to better understand how existing immigration definitions apply to their situation.
Sources:
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors#family-of-e-2-treaty-investors-and-employees
- U.S. Department of State. https://fam.state.gov/fam/09FAM/09FAM010208.html
- U.S. Department of State. https://travel.state.gov/content/travel/en/us-visas.html