Does my category changes from f3 to f1 without getting divorced? (I want to be separated only)

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Anonymous Sep 21, 2012 Bankruptcy and Debt 2 views 3 answers

Hi, I am separated right now and have 3 children. I need my children and their mother to accompany me to USA. actually my children needs their mother. I have already filed for my wife and kids. my question is. Does my category changes from f3 to f1 without getting divorced? can my children and wife accompany me to US? I highly appreciates your efforts for me. Roose

Attorney Answers

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed · Jun 15, 2026

Your question is akin to asking whether someone can be deemed to be "almost" pregnant. There is no such thing! Your category cannot change in the absence of a divorce.

0 upvotes

Philip Eichorn

Philip Eichorn · Jun 15, 2026

Divorce is required. Separation is not sufficient. And if the change in the visa category accelerates your processing time, CIS / DOS have the right to determine if the divorce was a sham. Please tread carefully.

0 upvotes

F Capriotti 2793192.Html

F Capriotti 2793192.Html · Jun 15, 2026

I agree with my colleagues.

0 upvotes