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h1b martial status problem, please help me

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  • h1b martial status problem, please help me

    Hi ,
    I have big doubt on my H1B approved petition & stamping about marital status.

    Actually Im married on 2015 in india and after 6 months due to in compatibility i have applied for divorce (it is in progress as we know that it will take longer time in india if we are not going for mutual divorce) later i got selected in one of USA company and when my employer filed H1B I told like im single because as already applied for divorce.
    now my H1B petition is got approved so i need to go for stamping

    i have many doubts about my marital status.

    1) As i mentioned to employer earlier that im single can i go ahead with same or will it make problem because my divorce in progress(i didnt update in my passport ..not even registered my marriage).
    2) Is there any option to say while H1B stamping that im applied for divorce and waiting for it..will this make any issue bcz initially i told like im single to my employer.
    3) Suppose if i can say that im married and applied for divorce , after stamping , In USA is there any chance to apply divorce with existing divorce application.
    4) I have plan to go for second marriage in further will this impact future wife H4 visa. (divorce certificate and new marriage cerficate is enough for H4?)
    or should i keep my Martial status as single

    Could you please suggest me how to procced with visa stamping. only because these issues im not going visa stamping

    Thanks & regard
    jaraj

  • #2
    Originally posted by mjayrajkumar View Post
    Hi ,
    I have big doubt on my H1B approved petition & stamping about marital status.

    Actually Im married on 2015 in india and after 6 months due to in compatibility i have applied for divorce (it is in progress as we know that it will take longer time in india if we are not going for mutual divorce) later i got selected in one of USA company and when my employer filed H1B I told like im single because as already applied for divorce.
    now my H1B petition is got approved so i need to go for stamping

    i have many doubts about my marital status.

    1) As i mentioned to employer earlier that im single can i go ahead with same or will it make problem because my divorce in progress(i didnt update in my passport ..not even registered my marriage).
    2) Is there any option to say while H1B stamping that im applied for divorce and waiting for it..will this make any issue bcz initially i told like im single to my employer.
    3) Suppose if i can say that im married and applied for divorce , after stamping , In USA is there any chance to apply divorce with existing divorce application.
    4) I have plan to go for second marriage in further will this impact future wife H4 visa. (divorce certificate and new marriage cerficate is enough for H4?)
    or should i keep my Martial status as single

    Could you please suggest me how to procced with visa stamping. only because these issues im not going visa stamping

    Thanks & regard
    jaraj
    What matters is what you disclose in the DS-160 and I believe you need to be truthful and mention as married in DS-160 because your divorce is still not legalized. At most the officer may ask the whereabouts of your spouse and if at all she will be joining you while you are on H1. You can mention that you havent yet thought about that and once you get the visa you will plan accordingly.

    As for your future wife, yes a divorce certificate and new marriage certificate along with your H1 documentation should suffice.

    This is my opinion not legal advice.

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