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Does a legal status in USA of a wife on H4 visa become invalid after divorce even if she has received EAD?

Pleasanton, CA |

Her husband's co. filed for green card in 2007. I 140 has been filed, got EAD but 485 still pending.

Attorney Answers 3


  1. Yes, once the divorce becomes final.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Yes, and she also becomes ineligible to adjust status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Yes, when the divorce is final the ex-wife loses her H-4 status and loses her eligibility for I-485 approval and EAD. She would have to depart the U.S. or obtain a different basis for remaining in the U.S.

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