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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85133
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi This is XXXXX I am H1B visa with my husband. We

Customer Question

Hi This is XXXXX. I am H1B visa with my husband. We did register marriage at India and now want to get divorce. I want to marry other person who is at India and I am planning to come here on tourist visa. Is it possible?

Submitted: 8 months ago via USmarriagelaws.
Category: Legal
Expert:  Ely replied 8 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify:

1) Where are you now?
2) Where is the individual that you plan to marry now?
3) Are you the H1B holder, or, do you have an H4 (dependent) visa from your spouse who is the H1B holder?
4) Do you plan to divorce in USA or India?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 8 months ago.


Hi


 


Thanks for your answer. Here are the answers to your question;


 


1) I am working at Schlumberger through Randstad Technologies at Houston TX.


 


2) Person to whom I want to marry is in India right now.


 


3) I hold my own H1B visa, and my husband is having his own H1B


 


4) I want to get divorce in USA and want to marry other person without going back to India.

Expert:  Ely replied 8 months ago.
Thank you, Amie.

1) You can divorce your husband here in USA - you do not have to go back to India. Know that a divorce takes at minimum 60 days (assuming that he is in agreement to divorce you).

2) I am afraid that your fiance cannot come over on a B2 visa if you intend to marry them. When someone enters on a B2 visa, they should not have "dual intent." Dual intent means that one intends to stay in the US as an immigrant. A B2 visa does not allow dual intent. See here for the explanation.

3) USCIS might be afraid that the individual who is coming on a B2 visa may be trying to overstay and/or have dual intent, so they will generally not allow them to do so.

4) As such, it is best to get married abroad, and then sponsor them for an H4 (spousal derivative visa) via your H1B.

5) Alternatively, they can simply not tell USCIS their real objective when filing for the B2, and then come here, wait at least 90 days, get married to you, and adjust to the H4. However, this is not good because (a) they would be lying to the government which is a criminal act, and (b) if USCIS finds out that this was planned all along, their B2 and/or H4 may be denied and they may be asked to leave the country.

6) As such, it is best that after your divorce, you marry abroad, and then simply request them via an H4 visa.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 8 months ago.

Hi


 


Thanks for genuine advise. Actually I am not in position to go India because of my leave problem and for this reason I don't want to get it delayed. What I am thinking is if he will get B2 visa then will just get married here and he will go back. After he reaches there will file for H4 visa and again he comes to USA.


 


If you have good lawyer to file my divorce and get marry with other one please suggest. or please advise where we need to file divorce.


 


thanks,


Amie

Expert:  Ely replied 8 months ago.
Amie,

Thanks for genuine advise

You are very welcome.

Actually I am not in position to go India because of my leave problem and for this reason I don't want to get it delayed. What I am thinking is if he will get B2 visa then will just get married here and he will go back. After he reaches there will file for H4 visa and again he comes to USA.

Yes, this is absolutely possible. However, again, if he mentions that he is coming to marry someone on a B2 (US Citizen or H1B visa holder) he may be denied. So he may wish not to state that.

Once he marries you, then you may request an H4 for him.

If you have good lawyer to file my divorce and get marry with other one please suggest. or please advise where we need to file divorce.

May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. You may also find someone by native language as well.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85133
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 10 other Legal Specialists are ready to help you
Customer: replied 8 months ago.


Hi


 


The person I want to marry he has already tried for B2 visa and it denied, so should he try again for B2 visa and if this doesn't work then I will plan to visit India and get marry with him. But the big question comes here is if second time his B2 visa get canceled then how much chances to get H4 visa?


 


Thanks,


Amie

Expert:  Ely replied 8 months ago.
A,

If it was denied once, it may be denied again, and since he would be coming to stay anyhow, thus violating the dual intent doctrine, it is best to simply do this properly, meaning either him coming on a fiance visa, or, you going and marrying him abroad.

But the big question comes here is if second time his B2 visa get canceled then how much chances to get H4 visa?

As long as the marriage is genuine and USCIS believes this, then it should not be an issue even if the B2 was denied.

The denial of B2 rests with USCIS fearing he'd overstay.

But H4 has to do with whether or not the marriage is genuine, and nothing else.

So the two really should not impact each other.
Customer: replied 8 months ago.


Hi


 


My husband is agree for divorce but still we are not living seperate. Can I still file divorce ?


 


Thanks,


Amie

Expert:  Ely replied 8 months ago.
Yes. In Texas, there is no need for separation prior to filing for divorce.
Customer: replied 7 months ago.

 


Hi Ely,


 


Thanks for all your true and genuine advice. I am in talk with one attorney and am going to file divorce. Once I get divorce, I am planning to visit India to remarry. But during this visit I need to go for H1B stamping as it expires on 30 Sep, 2013. My question is do I need to show my divorce status, And if not then will it cause problem to get H4 visa to my husband after I remarry?


 


Thanks,


Amie

Expert:  Ely replied 7 months ago.
You are very welcome.

The divorce status should not affect one's H1B status, nor should it even be requested by the authorities.

It should not cause an issue for the H4 provided the marriage is seen as genuine.
Customer: replied 7 months ago.
Hi

So should I declare about divorce when I go for stamping?

Thanks,
Amie
Expert:  Ely replied 7 months ago.
No need to declare anything unless one is asked, and if one is asked, just be honest.
Customer: replied 7 months ago.
Hi

Thanks for answer. If I would specifically describe, I have filed my divorce and will get sometime in Nov. once after getting divorce I am planning to visit India and this time I have to got for my H1B stamping. For this I have to declare my marital status in DS160. So if I write divorce will it cause any problem? Also I will be visiting India for remarry only, so do I need to say about remarry if some one asked about my divorce?

Thanks
Amie
Expert:  Ely replied 7 months ago.
No, it should not cause any problems.

No, no one will ask about remarriage, friend.
Customer: replied 7 months ago.

 


HI


I really appreciate for giving all answers to my query. If I describe my case, I am on H1B visa and once I get divorce I am planning to visit India to remarry. Now my questions are;

1) Once after divorce do I need to change my name, I mean right now in my passport and visa it is with my current husband name as "XXXX" so do I need to change the name while going for stamping H1B because my stamping expires this month. So can I keep same name while stamping and show marital status as divorce in DS160 form to schedule an appoint for stamping?


2) If it is not required to change name then once I remarry the other person, will it cause problem to get H4 (dependant visa) to my new husband?

Please let me know.

Thanks,

Amie
Expert:  Ely replied 7 months ago.
You do not have to change your name. This is up to you. If you do, you can amend your USCIS documents to update this fact. It is not a big deal. As long as you have a paper trail of the documents, it is okay.

It will not cause an issue for H4 if you decide not to change your name.

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