H4 Visa Change of Status Query
Jul 20th 2003, 6:59 am
#1
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Joined: Jul 2003
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H4 Visa Change of Status Query
I have an H1B Visa. My wife has an H4. We are planning to divorce. But I do not wish to do this if she cannot change her visa status and remain in the US. Could anyone who might know the rules and regs re: her options kindly respond. The dire situation we face is putting the lives we wish to lead on hold for another two years minimum as my Green Card application has just begun to be processed as of this month. (I filed November 2001 for my labor certificate which I am waiting on.) I am covered per my employer and their immigration lawyers but I have hired my own as well. Their advice to to "neither marry for a Green Card nor stay married for one". Not much help in a very volatile emotional situation where we both wish our freedom after 13 years of marriage. As my soon to be x-wife very much hopes to stay in this country, I would like to afford her this. But we are both wanting to go on with our live's seperately. She would need to work to support herself, which she cannot do on an H4. She currently attends college part-time. Can anyone help in advising me as to her options in changing her Visa on her own, thereby allowing us to divorce. Thanks!
Jul 21st 2003, 12:45 am
#2
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Posts: n/a
Re: H4 Visa Change of Status Query
Unfortunately, I agree with your lawyers. If you are married only for
immigration purposes (whether getting married, or not getting divorced),
you are committing immigration fraud.
She may of course be able to get her own H-1B independent of yours, if she
qualifies.
Another possibility is to address the underlying emotional issues and save
the marriage. When you are saying a "volatile emotional situation" that
seems to indicate that this is something fairly recent, and something
that, if you handle it properly, may actually disappear just as quickly.
Without knowing your situation and the reason you feel a divorce is
appropriate, and your cultural and religious background, I can't tell you
what is or is not possible there. Maybe not a complete permanent break,
but rather a temporary "vacation from marriage" might be all that is
needed. I have friends who saved their marriage by making it "open" - they
decided that they wanted to stay married, but also date others to spice up
life (obviously, they were not exactly Catholic ;-)
Finally, this might be the most painful to contemplate, but if she finds
herself a US citizen boyfriend, then she could get a Green Card through
him.
On Sun, 20 Jul 2003 06:59:44 +0000, Heimdal wrote:
> I have an H1B Visa. My wife has an H4. We are planning to divorce. But
> I do not wish to do this if she cannot change her visa status and remain
> in the US. Could anyone who might know the rules and regs re: her
> options kindly respond. The dire situation we face is putting the lives
> we wish to lead on hold for another two years minimum as my Green Card
> application has just begun to be processed as of this month. (I filed
> November 2001 for my labor certificate which I am waiting on.) I am
> covered per my employer and their immigration lawyers but I have hired
> my own as well. Their advice to to "neither marry for a Green Card nor
> stay married for one". Not much help in a very volatile emotional
> situation where we both wish our freedom after 13 years of marriage. As
> my soon to be x-wife very much hopes to stay in this country, I would
> like to afford her this. But we are both wanting to go on with our
> live's seperately. She would need to work to support herself, which she
> cannot do on an H4. She currently attends college part-time. Can
> anyone help in advising me as to her options in changing her Visa on her
> own, thereby allowing us to divorce. Thanks!
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
immigration purposes (whether getting married, or not getting divorced),
you are committing immigration fraud.
She may of course be able to get her own H-1B independent of yours, if she
qualifies.
Another possibility is to address the underlying emotional issues and save
the marriage. When you are saying a "volatile emotional situation" that
seems to indicate that this is something fairly recent, and something
that, if you handle it properly, may actually disappear just as quickly.
Without knowing your situation and the reason you feel a divorce is
appropriate, and your cultural and religious background, I can't tell you
what is or is not possible there. Maybe not a complete permanent break,
but rather a temporary "vacation from marriage" might be all that is
needed. I have friends who saved their marriage by making it "open" - they
decided that they wanted to stay married, but also date others to spice up
life (obviously, they were not exactly Catholic ;-)
Finally, this might be the most painful to contemplate, but if she finds
herself a US citizen boyfriend, then she could get a Green Card through
him.
On Sun, 20 Jul 2003 06:59:44 +0000, Heimdal wrote:
> I have an H1B Visa. My wife has an H4. We are planning to divorce. But
> I do not wish to do this if she cannot change her visa status and remain
> in the US. Could anyone who might know the rules and regs re: her
> options kindly respond. The dire situation we face is putting the lives
> we wish to lead on hold for another two years minimum as my Green Card
> application has just begun to be processed as of this month. (I filed
> November 2001 for my labor certificate which I am waiting on.) I am
> covered per my employer and their immigration lawyers but I have hired
> my own as well. Their advice to to "neither marry for a Green Card nor
> stay married for one". Not much help in a very volatile emotional
> situation where we both wish our freedom after 13 years of marriage. As
> my soon to be x-wife very much hopes to stay in this country, I would
> like to afford her this. But we are both wanting to go on with our
> live's seperately. She would need to work to support herself, which she
> cannot do on an H4. She currently attends college part-time. Can
> anyone help in advising me as to her options in changing her Visa on her
> own, thereby allowing us to divorce. Thanks!
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
