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I'm confused. You indicated that you have the H1 and he has the H4. Is that accurate? He is the dependent and you are the principal?
He is the principal, a doctor and I am the spouse, he's employed on an H1 Visa and the children and I have an H4, sorry about the mixup
QUESTION: I am enquiring of my rights and if this is possible.
ANSWER: Please know that I always do my best to help customers come up with a good solution, but from time to time, the law does not provide a good solution to every situation. Unfortunately, I cannot change that. I am only here as an information source, so please do not hold bad news against me by giving me a negative rating.
Unfortunately, you don't really have any rights to a green card on your own, once your are divorced. Should the green card process be completed prior to the divorce, that is a different story. But if you are not married at the time of approval of the green card, then you have no claim to a dependent green card, I'm afraid. Your eligibility for the green card is only based on the fact hat you are married to someone who is eligible for a green card.
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