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Can I divorce and remarry on H1b, divorce one h4 and marry a new h4?

Bronx, NY |

I was married to my wife for 6 years and she was on a H4 through my h1b visa when we came to the USA . We fell out 2 years ago and she left the USA, She is coming to NYC to sign divorce papers next month as its a non contested divorce .
I now have a new fiance and we hope to Marry in October. My new fiance is currently on a J1 visa and will be on a B1 visa from June onwards. but I will carry her in my h1b as a H4 until she can file for her own H1b next April.
Is there any problems I may encounter from doing this?
Thanks

Attorney Answers 5


  1. This is possible if the timing is right.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.


  2. Not if her J-1 is subject to home residency requirement.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


  3. Any H1B issues logically and legally must be addressed to the sponsoring company's immigration attorney vested with a professional responsibility to handle all collateral arising issues with such immigrant visas as their exact procedural completion cannot be ever resolved by a short online paragraph.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  4. Certain J-1 candidates are subject to a 2 year home residency requirement (HRR) and cannot change status, without obtaining a waiver for the requirement. You would have to first make sure that she is not subject to 2 year HRR.


  5. No problems if she is not subject to the 2-year residency requirement and is approved for the B-1 visa.

    This answer is of a general nature and does not in any way create an attorney-client relationship.

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