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Hi can h4 visa holder take divorce from USA or they have to file where their natives place where they done marriage?

Towson, MD |

hi i m 24yr girl want to disscuss about my case dat i have H4 visa nd my husband having H1 visa. now we had problem in our marriage life nd my mother in law nd my husband both were harrasing me alot so i want quit finally nd want to get can i file for divorce here in USA or i have to go india? nd one more thing that my visa expire on june 2010 so do i have to renew it if i have to stay in USA? or i can stay as long as i can not get divorce? my husband has file for green card in june 2008 for both of us so i dont have any file number or any documents of him and i min another state and he is another state so how can i come to know dat he has not cancelled my name from green card file? please advise me becoz i do not anything about rules and regulation of usa .Thanks

Attorney Answers 1


Since you currently reside in Maryland, you can file for divorce in Maryland, regardless of where you were married. If your husband is in another state, often it can lengthen the amount of time it takes to actually get divorced. A competent family law attorney can help guide you through this process.

You are correct that your H4 visa depends on the validity of your marriage. You will lose your H4 status upon the final divorce decree, regardless of the date stamped on your I-94 card. So, you definitely want to plan ahead and most likely make your change of nonimmigrant status before finalizing the divorce. Your educational level and your objectives will help us narrow the options.

Here are just some possible visa options during/after divorce:
1. B-2 Visitor, just to wrap your affairs and leave.
2. F-1 Student, to study full time
3. H1B Worker, if you have a job offer in a profession i.e. education, engineering, computer science etc. and you have at least a Bachelor's degree in the matching specialty.

Please feel free to schedule your Free 30 Minute Initial Consultation with me to get a more reliable picture of your visa options and the best timing filing.

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