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

Asked 5 months ago - 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. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . 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.... more
  2. Jagbir Singh Terkiana

    Contributor Level 14

    Answered . 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.

  3. Barbara Ivarine Suri

    Contributor Level 12

    Answered . 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.
  4. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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