H4 Visa - Divorce & My Rights

[approved]

Hello Everyone, I am staying here for past 4 years and have a kid too (3yrs with special needs); My husband and I fight many times and abuse each other. This time things may have gone past the limit; I sniff that he maybe preparing to file divorce.


1. Do I have to leave home after I receive the notice? Or can I still stay? How much time will I have to change my status?
2. My brother lives in USA, can I go live with them?
3. What will happen to my H4 and how long will that be valid?
4. Can I file a harassment case against him after I receive the divorce notice? And can I obtain U visa? (don't know many details about U visa though)
5. I am not working, I don't have SSN or driving license, I don't want to go back to india either.

Any help is greatly appreciated.

[thejeepguy]

Hello Everyone, I am staying here for past 4 years and have a kid too (3yrs with special needs); My husband and I fight many times and abuse each other. This time things may have gone past the limit; I sniff that he maybe preparing to file divorce.


1. Do I have to leave home after I receive the notice? Or can I still stay? How much time will I have to change my status?
2. My brother lives in USA, can I go live with them?
3. What will happen to my H4 and how long will that be valid?
4. Can I file a harassment case against him after I receive the divorce notice? And can I obtain U visa? (don't know many details about U visa though)
5. I am not working, I don't have SSN or driving license, I don't want to go back to india either.

Any help is greatly appreciated.

Sorry to hear about your situation. Till the time a divorce actually happened and your dependency is removed from the primary applicant (i.e. your husband), you actually do not lose any status in the States which means you are legally allowed to stay. Once again questions like these can get only opinions in this forum (including mine) and what you need is a legal advice for that you need to work with a lawyer. A personal advice would be try to solve the issues, you never know you may not need the above at all.

[approved]

Thanks for the response.....
Does anyone know what will happen if I call 911 and report that he's abusing and torturing me? Will he be picked up and thrown behind the bars right away?
In what circumstances can I apply for a U visa? Can that help me? Can my kid's special condition help me to stay in the country? Thanks again, desperately looking for some helpful answers....

[PryncissQueen]

These are questions you need to ask a lawyer or a police officer... If it is that bad where he is torturing you... you should have reported him long before now...