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H1B wants to marry H4 which is a wife of another H1B

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  • H1B wants to marry H4 which is a wife of another H1B

    Hi, I have a rather complex situation: I'm on H1B for about 2 months. I met a woman who is a wife of another H1B. Her status is H4. We fell in love and want to marry.
    So, there are several questions:
    1) is it possible for her to divorce without the need for her and/or her husband to go to their homeland?
    2) is it possible for me to marry her afterwards here without going to my homeland?
    3) what is the easiest way of "remarrying" H4 from one H1B to another?

    I would really appreciate your help.
    Thank you!

  • #2
    I think divorce can be obtained in the US. But she will have to leave the US after that as she cannot be on H4 status once the marriage has ended.
    This is my opinion and not legal advice.

    Comment


    • #3
      It gets complicated as many states have waiting period for marriage license to be issued. This would essentially put the H4 out of status even if you think of marrying the same day the person gets divorced. may be some drive through states that don't have a waiting period for marriage license can get you married the same day and the H4 paperwork be filed the same day could get the person back on H4.

      It is definitely a mess and so is the situation!

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Thank you for your replies! So, at least in theory this should be possible. We are located in California.

        Comment


        • #5
          Query on H1B visa extension

          Hello All,

          I have got h1b visa for 1 year validity it expires on September 2012. If my visa gets extended in united states. I want to come back to India for 15 days and have plans to marry and take her to US on dependent VISA. Some of the folks in India who travelled to USA saying me that they will not extend your visa they just extend your I-94. If that is the case, i cannot come back to USA in Dec and cannot travel with that. I have too much confusion here, how will my visa gets extended ? Is it possible to travel back to my country and take her to USA on dependent visa ? Please suggest me anybody, i am totally confused here. Looking forward for your reply on this.

          Thanks and Regards,
          Anreddy

          Comment


          • #6
            Why have you hijacked this thread with a totally unrelated question? Post your questions on a separate thread.

            Originally posted by pavanh1b View Post
            Hello All,

            I have got h1b visa for 1 year validity it expires on September 2012. If my visa gets extended in united states. I want to come back to India for 15 days and have plans to marry and take her to US on dependent VISA. Some of the folks in India who travelled to USA saying me that they will not extend your visa they just extend your I-94. If that is the case, i cannot come back to USA in Dec and cannot travel with that. I have too much confusion here, how will my visa gets extended ? Is it possible to travel back to my country and take her to USA on dependent visa ? Please suggest me anybody, i am totally confused here. Looking forward for your reply on this.

            Thanks and Regards,
            Anreddy
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              So, what about California? Is it possible to divorce and marry the same day here without being departed from the US? Where can I find more information about that?
              Thank you!

              Comment


              • #8
                Found out that California has no waiting period between applying & receiving license. So, is it OK to divorce and marry the same day? I mean losing H4 status for several hours should not lead to immediate departure from the US, right?
                What does the process look like? What documents should we fill out?
                Last edited by reboss; 02-24-2012, 12:32 AM.

                Comment


                • #9
                  Any updates? Should I contact the embassy? Can they help in this situation?

                  Comment


                  • #10
                    Consult a good immigration attorney. Indian embassy will not be able to help you.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment

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