Legal Question in Immigration Law in California
Divorce with spouce in a H4 visa
I was married in India and now my wife is with me on a H4 visa. We are planning on getting a divorce. What will be her status after the divorce and would you know how long it would take and what will be involved in getting this done.
Is our marriage even valid since it happened in India and not registered in the US.
2 Answers from Attorneys
Re: Divorce with spouce in a H4 visa
If you have been a resident in California for the past 6 months and a resident in LA County for at least three months, than the court will have jurisdiction over your marriage to adjudicate your divorce case. After filing of papers it takes 6 months to get the divorce, that is if it os not challenged.
Upon dissolution of marriage, your wife should leave the US, as she will no longer possess the right to be in H4 category.
Re: Divorce with spouce in a H4 visa
Your wife after divorce cannot remain in H4 category..she can get her own H1 if she has bachelor's degree and finds an willing employer to sponsor her.
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