Is marriage automatically cancelled for immigration violation?

Question

I met my husband in Laos when I was traveling there in 2017. We got married and he came to the U.S. K-1 visa in 2018. He got his temporary green card in 2019, which is good for two years. In the year 2021 things didn’t work out between us, and we separated. I did not file an application for his green card extension, so his green card expired already. Now he’s technically on no visa and no green card. He’s going back to his country. Does this mean our marriage is automatically cancelled? Once he goes back to his country, he can’t come back because of this visa violation.

Answer 1

Marriages are controlled by state law, immigration is governed by federal law. In no state is a marriage automatically "cancelled" for committing a crime, much less for violating an immigration regulation. So you will remain married until you or he changes that.

Answer 2

You will be married to a person who is not allowed to enter the United States. But still married.

• The marriage is presumably valid under the laws of Laos, since you married there.
• The marriage is presumably also recognized by the United States, since they accepted it for the visa application.

So now you need a divorce that is recognized by both countries as well. Usually there are international treaties on mutual recognition. But if the marriage was made in Laos and your husband is there, divorcing from the US in an US court might be tricky. I think you should consult a specialist lawyer.