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Cancelling H4 during Divorce

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  • Cancelling H4 during Divorce

    Hello All,
    I am going through a divorce in India. I am currently in US, wife is in India. She has an H4 stamped on her passport.

    Is there a way, I can cancel her H4 while divorce process is going on? Since it might take a few months to get the divorce decree, I don't want her to come to US or misuse in any way. ( She might not try to misuse it, but once the relationship goes sour, people behaves strangely)

    Is there anything I can do to prevent her from coming to US until divorce happens.

  • #2
    Originally posted by [email protected] View Post
    Hello All,
    I am going through a divorce in India. I am currently in US, wife is in India. She has an H4 stamped on her passport.

    Is there a way, I can cancel her H4 while divorce process is going on? Since it might take a few months to get the divorce decree, I don't want her to come to US or misuse in any way. ( She might not try to misuse it, but once the relationship goes sour, people behaves strangely)

    Is there anything I can do to prevent her from coming to US until divorce happens.
    There is not much you can do to cancel the H4. Why would you try to prevent someone's entry to US, if US authorities allow it? I can't see a misuse of the same. Get over her and move on.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      There is not much you can do to cancel the H4. Why would you try to prevent someone's entry to US, if US authorities allow it? I can't see a misuse of the same. Get over her and move on.

      This is my opinion not legal advice.
      Thanks for your comment raghvi.
      What if she overstays even after the visa expiry, will I be responsible for that? And since this H4 is valid, will this impact once/if I apply for another H4?

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      • #4
        The validity of your wife's H4 is tied to your H1. Legally speaking, her visa will no longer be valid as of the date of your divorce being final.
        The misuse scenario comes into play if she tries to enter the US.. after the divorce.. on the H4 affixed to her (Indian) passport.

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