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  • Marrying an H-4 Visa

    Hi,

    My finacee is in the US on an H-4 Visa (accompanying spouse). She is currently separted from her husband and plans on divorcing him in March 2008 so we can be married (I'm a US citizen).

    After the divorce her H-4 Visa will no longer be valid. Can we marry right after the divorce in the US? How long do we have to get married?
    Does she need to apply for a different visa now?

    She's afraid she'll have to leave the country before we can get married. Please give us some advice.

    Thanks,

    Richie

  • #2
    Hi,

    My finacee is in the US on an H-4 Visa (accompanying spouse). She is currently separted from her husband and plans on divorcing him in March 2008 so we can be married (I'm a US citizen).

    After the divorce her H-4 Visa will no longer be valid. Can we marry right after the divorce in the US? How long do we have to get married?
    Does she need to apply for a different visa now?

    She's afraid she'll have to leave the country before we can get married. Please give us some advice.

    Thanks,

    Richie

    Comment


    • #3
      what country is the h-4/h1b couple from?

      Where were they married?

      there may be issues of bigamy due to cultural customs from home country if husband does not agree to divorce

      Comment


      • #4
        They were married in South Africa. I don't think the husband will contest the divorce or he could lose 1/2 his assets.

        They have already signed a separation agreement. She left him becasue of spousal abuse.

        Richie

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by richiematt:
          Hi,

          My finacee is in the US on an H-4 Visa (accompanying spouse). She is currently separted from her husband and plans on divorcing him in March 2008 so we can be married (I'm a US citizen).

          After the divorce her H-4 Visa will no longer be valid. Can we marry right after the divorce in the US? How long do we have to get married?
          Does she need to apply for a different visa now?

          She's afraid she'll have to leave the country before we can get married. Please give us some advice.

          Thanks,

          Richie </div></BLOCKQUOTE>
          Once divorce is final, she will have up to 180 days to leave without her being subject to the ban. However, if you are a USC, and after the divorce is final, you can marry, apply for adjustment of status by filing I-130, I-485, I-864, and all appropriate documentation. And I am assuming you are living in the US&gt; If you are an LPR, you will file the I-130, but she may have to leave. It is also possible for her to file a I-360 if spousal abuse is evident. This form will only be necessary if you are an LPR.

          She has options and may not need to leave the country. Good luck to you.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

          Comment


          • #6
            Thanks Hudson,

            Not sure what an LPR is, but I am a US Citizen. There was only one documented case of spousal abuse where the police were called in. He was briefly jailed. She wasn't allowed to have money, leave the house, have friends at the house and was living in constant fear. We moved to Illinois to get away from him.

            She's still afraid of him and settled for a fraction of what she deserved to get rid of him.

            So she divorces him, we have 180 days to marry. Then I file the I-130 form. Why might she have to leave the country?

            Thnaks again,

            Richie

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by richiematt:
              Thanks Hudson,

              Not sure what an LPR is, but I am a US Citizen. There was only one documented case of spousal abuse where the police were called in. He was briefly jailed. She wasn't allowed to have money, leave the house, have friends at the house and was living in constant fear. We moved to Illinois to get away from him.

              She's still afraid of him and settled for a fraction of what she deserved to get rid of him.

              So she divorces him, we have 180 days to marry. Then I file the I-130 form. Why might she have to leave the country?

              Thnaks again,

              Richie </div></BLOCKQUOTE>
              LPR means green card holder, ie permenant resident. However, since you are a USC, have her divorce the ex, marry her, and file the necessary papaerwork to adjust her status. That way, she will not need to leave the country. Everything will be done while she is in the US&gt;

              NOTE: I am not suggesting you hurry with the wedding. But what I am suggesting is that the timing may not mean she has to leave. If she is adjusting her status through you, she will not need to leave. Hope this helps and best of luck to both of you.

              NOTE #2: If you were an LPR, then she might need to leave the country. Since you are a USC, your citizenship trumps everything.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                Hudson:
                1. In case of both the parties are LPR then what?
                2. She/he do not want to get married after divorce?

                appreciate comments.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Adam:
                  Hudson:
                  1. In case of both the parties are LPR then what?
                  2. She/he do not want to get married after divorce?

                  appreciate comments. </div></BLOCKQUOTE>
                  1. I am assuming both parties meaining husband and fiancee? If both are green card holders, then no Adjustment of status is necessary via family member.

                  2. If they do not want tot marry, then that is their business as long as they do not become out of status.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                  Comment

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