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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11707
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Hello, I am a spouse on an H1 visa, my husband is on an H4

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Hello, I am a spouse on an H1 visa, my husband is on an H4 Visa and works for a hospital in a small town. The hospital has applied for our green card through the labour certification process. My knowledge of how far it has reached, is that the immigration consultant inform us the labor certification has been approved and is wainting on the perm approval papers from the labour department to arrive, then she will file the i140 and 1485 forms. My husband and I have been having marital problems for some time and things have detoriated. He has threatend to stop my immigration process. I am enquiring of my rights and if this is possible. Thank you
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

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?

Customer: replied 3 years ago.

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


 

"R,"

Thanks for the clarification. It's not a problem - sometimes this happens. We are humans and bound to make a mistake or two in life.

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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