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My Canadian born son has been in NC for 5 years on a work visa, and classed as H-1B; his housewife of 17 years, also from Canada, is classified as H-4. My son just got his green card this week. Their marital troubles are insurmountable (no children - thank God) and a divorce is no doubt looming. They have agreed to end the marriage. However, she is reluctant to leave so as understandably not to jeopardize her spousal support in any way. Is she required to leave the US now that my son has his green card? Or can she, without her husband's approval, apply to get a legal extension to stay and remain in the home? It seems to me the sooner they are apart the better it will be for all concerned.
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Last edited by Vanderhoven7; 05-18-2013, 10:57 AM. -
If she has already not received green card through spouse, she is out of status.
If husband has been beating up, there is police complaint etc., she can stay in the US on other grounds.
Otherwise, unless she changes to another legal status independently, she is illegal in the US currently.Immihelp Support
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