Legal Question in Immigration Law in New York
I came to the usa on an h 1 visa and my wife came with me on an h4 visa. We want a divorce but i want to get a court order for her to stay in usa with our son.
Although if we divorce how will she have a visa or good immigration status. I want to make sure that if I ask a divorce judge to make her stay that he will be able to make her stay if we are divorced and she came to usa with me on an h4 visa. We are both from India.
1 Answer from Attorneys
If you are divorced, your wife's H4 status will no longer be valid and she will have to go back to India.
A judge in divorce case can't make an order allowing her to stay in USA. You are either married to her, and then she can stay as H4. Or you are divorced, and she goes back to India.
I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.
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