Legal Question in Immigration Law in California

My husband left us to work in the US under an H-1B visa. When he arrived in the US around middle of 2010, the company who sponsored his H-1B visa is on retrenchment mode. Some of those retrenched occupies the same position for which he was hired so the company told him that they are letting him go. He pleaded and the company instead offered him a different position with lower pay. It was all working out well (though he is afraid that the USCIS might take an action against him because the work he is doing is different from the position for which his H-1B was issued). But now, the company is in deeper financial problem and is intending to retrench him. He told me that he was offered by a colleague to marry her so that he can have a green card. However, he has to divorce me first to be able to do that. Divorce is not recognized in our country but I understand that in the US, he can be granted a decree of divorce. Does he have other options aside from marriage? Will the divorce be granted even if I dont consent? Thanks.


Asked on 3/22/12, 10:51 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

With regards to the H-1B issue, an employer should always amend an H-1B if they substantially change the employee's position and/or salary. The proper solution would be for the employer to do just that. As for the marriage proposal, it is marriage fraud and could get your husband removed (deported). I would never recommend a fraudulent marriage. If his current employer will not or cannot amend his H-1B, then he needs to find new H-1B employment asap and have the new employer file an H-1B "transfer" immediately.

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Answered on 3/23/12, 6:17 am


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