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Application for working visa (H-1B) and divorce

Asked almost 3 years ago - New York, NY

Hello, I have F1 visa and will graduate school in May this year. I married an American Citizen 3 months ago. I want to divorce because of his inhumane treatment. I didn't apply for green card through him. and I don't want to apply for green card with him. They (my husband, his two sisters) threaten me and yelled at me in a public place that 'I married for green card and money'. That's not true. He treated me as like sex slave and he was very controlling which was totally different from before marriage.

If my husband file for a divorce, and if divorce is done by my fault ( he says he can do whatever he want because he has money), will it affect very negatively when I apply for H1-B and EB-2 in the future? I want to file for a divorce first, but I don't have money to fight for a divorce.

Another questions, there's a question in a job application; 'Have you ever been summoned? Have you ever been a defendant?' If I am served papers from him, will the answer to that question be 'Yes'? Will my application be denied because of that?

I am desperate for help.

Thank you.

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Attorney answers (2)

Michael A Harris

Reputation Level 12

Answered almost 3 years ago. Immigration Attorney in Miami, FL.

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A divorce is a civil matter. That is, it is not a criminal law issue (although there may be criminal issues involved). Job applications generally ask about criminal issues, convictions, etc., and this may not be the scope of a prospective employer's inquiry. In any event, a divorce should not affect your immigration benefit options. In your case, it appears you did not seek immigration benefits from your husband: he did not petition for you and you have not accepted any benefits. A future EB or H-1B application only asks if you have ever had an immigrant petition filed for you on your behalf... and at present, none has been filed for you.

Depending on what type of threats your husband has made against you, there may be other options available to you even though you have not filed for permanent residence through him. U.S. Immigration provides permanent residence for spouses who have been victims of abuse from US citizen spouses. Otherwise, it's best to exit an unhappy marriage as soon as possible.

It is very important that you consult an attorney about your immigration options. You should consult a local, New York licensed attorney for your divorce matters. However, for your immigration questions, many out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction.

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Rachel Baskin

Reputation Level 13

Answered almost 3 years ago. Immigration Attorney in New York, NY.

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If your husband is a US Citizen, you should consult an attorney to discuss your eligibilty as a battered spouse. With regards to your divorce, you should seek the advice of a divorce attorney so that it does not affect your ability for immigration benefits in the future.

Note: The content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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