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We have been married 7 years. Have a 6 year old boy. We have lived in the States for four months. I am on a H1B visa, my wife is on a H4 visa. What happens if we get divorced?

Submitted: 2 years ago.Category: Immigration Law
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3/8/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,481
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You want to know what happens to your spouse's status if you divorce?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Well, the moment that the divorce is final, your spouse's H-4 status is terminated immediately. Your son's status is not affected, but she also cannot use your son to stay. This is a common problem with H-1B/H-4 divorces with a child involved. The child can stay, but if the mother's status is terminated, she has to leave and if a family court judge orders that she retain primary custody, then the child would go with her. So if this is an issue for you, you can divorce, but you will need to fight for custody.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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Customer reply replied 2 years ago
What if we separate? As she can't work, am I responsible for all her expenses, car, home etc?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

A separation is not a divorce. She could stay in H-4 status through a separation. As far as being responsible for her, that is up to the both of you unless a court orders that you would be responsible for her. Let's me know if you need anything else, but please do not forget that positive rating. You can do that by clicking on 3, 4, or 5 stars. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Thank you for your kindness and respect. Good luck to you.

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