Cancelling H4 (i539) petition

[onlyyoursraj]

What if H1B holder is looking for divorce from her wife (currently in valid H4, going to expire soon) and i539 is already processed for her. H1B holder's wife's has moved to her sister's house of few months and is not keeping any touch with her husband and also her intention is to be in US whereas H1B holder intend to move back to India due to mental torture and the agony he is going through. Shall H1B holder can/should cancel the i539 petition that he requested his company to file for her. He do not want to risk anything for the person who betrayed him and left him in such a way.

Kindly suggest what should be the best way to handle this scenario.

[raghvi]

What if H1B holder is looking for divorce from her wife (currently in valid H4, going to expire soon) and i539 is already processed for her. H1B holder's wife's has moved to her sister's house of few months and is not keeping any touch with her husband and also her intention is to be in US whereas H1B holder intend to move back to India due to mental torture and the agony he is going through. Shall H1B holder can/should cancel the i539 petition that he requested his company to file for her. He do not want to risk anything for the person who betrayed him and left him in such a way.

Kindly suggest what should be the best way to handle this scenario.

Whats the intent? To have a divorce or to force her to leave US? I would advise getting the divorce filed and move on, and let USCIS/CBP/DHS worry about her status in US.

This is my opinion not legal advice.

[onlyyoursraj]

Not Sure, tried my Best

Whats the intent? To have a divorce or to force her to leave US? I would advise getting the divorce filed and move on, and let USCIS/CBP/DHS worry about her status in US.

This is my opinion not legal advice.

Here is the thing, if she remained here, he won't be able to successfully file divorce and as such if she overstayed, my friends status might have some issue. He is also supposed to file I-140 and this happened during this time. She is very mean to him and asking for her I-797 approval originals, his copy's, his copy's of passport, etc. My friend don't know what her intentions are and seriously he now hate her after what she gave him in return after he did so much for her. He wanted her back but she refused. My friend is not a Mahatma Gandhi who will show his left chick if someone hit him in his right, hope u understand. Anyways thanks for ur help. Seems he need to get some immigration lawyer to see what can be done under such circumstances.

Seems nowadays people are taking disadvantage of the She power given to them by Indian jurisdiction system. I am sad for my friend and wanted to get some advise so as to help him during his difficult time.