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Can my Husband cancel my H4?

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  • Can my Husband cancel my H4?

    I am having a H-4 visa and recently i went to India on vacation. While i was in India, my Husband and parents hid my passport and are not allowing me to go to US.Now my husband is back in US. I wanted to know the following things

    - What are my legal options in this case? Can i approach the US embassy and get my husband reported?
    - I will like to come to US and file a divorce. Is that possible since they have hidden my passport? Can my husband get my H-4 cancelled or prevent me from entering US in any way?

  • #2
    My 2 cents:

    Your husband cannot cancel your visa, but he can report to INS about your personal problems.

    You can report your Husband to US embassy, but they cannot do anything in your personal dispute. This will only create more bad blood between both of you. Your husband can also file police cases against you in US and/or report you to INS. In fact your husband may be in a better position to get a divorce in US.

    Filing for divorce in US is going to be very expensive for both of you. You can try filing for divorce in india.

    At either place, a contested divorce will take very long and will drain you emotionally and waste your energy, time and money. Rather than trying to destroy each others life,it is better to arrive at a compromise, file a mutually consented divorce and rebuild your life.

    Comment


    • #3
      Originally posted by kd_12
      I am having a H-4 visa and recently i went to India on vacation. While i was in India, my Husband and parents hid my passport and are not allowing me to go to US.Now my husband is back in US. I wanted to know the following things

      - What are my legal options in this case? Can i approach the US embassy and get my husband reported?
      - I will like to come to US and file a divorce. Is that possible since they have hidden my passport? Can my husband get my H-4 cancelled or prevent me from entering US in any way?
      Unfortunately, in a way , YES. H4 has an expiration date and at the time he renews his non-immigrant VISA, he may not include you because he is the primary sponsor. If you will get divorce , then H4 will be more doubtful to renew because H4 means dependent's visa.

      Comment


      • #4
        Originally posted by picasso
        H4 has an expiration date and at the time he renews his non-immigrant VISA, he may not include you because he is the primary sponsor.
        The H1 holder does not "sponsor" the H4 beneficiary. She is entitled to the H4 on her own simply by being his spouse. Practically speaking, getting the visa might be a challenge since it could involve getting the H1 approval and paystubs which the husband might not provide.

        If you will get divorce , then H4 will be more doubtful to renew because H4 means dependent's visa.
        Doubtful? It will be impossible. Her H4 is toast the minute the marriage is dissolved by a formal divorce decree.
        ------------------------------------
        IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

        PD: 9/12/2000 (EB3/VA/RIR/Canada)
        I-140 RD: 12/22/2000
        I-140 AD: 7/16/2001
        RD: 8/28/2001
        ND: 10/26/2001
        FP1: 1/31/2002
        RFE: 8/2/2002
        RFE RD: 8/28/2002
        TD: 10/22/2002
        FP2: 6/19/2004
        ID: 07/15/2004
        AD: 07/15/2004
        CO: 08/18/2004
        CR: 08/23/2004
        N-400 RD: 05/21/2009
        FP: 06/13/2009
        CFR: 08/05/2009
        IL: 08/21/09
        ID: 10/7/09
        USC: 10/8/09

        Comment


        • #5
          Originally posted by TheRealCanadian
          The H1 holder does not "sponsor" the H4 beneficiary. She is entitled to the H4 on her own simply by being his spouse. Practically speaking, getting the visa might be a challenge since it could involve getting the H1 approval and paystubs which the husband might not provide.



          Doubtful? It will be impossible. Her H4 is toast the minute the marriage is dissolved by a formal divorce decree.
          sponsor = provide.

          Doubtful = not possible.

          Which planet are you from to not understand that ?
          Last edited by picasso; 13th April 2005, 11:15 AM.

          Comment


          • #6
            will like to come to US and file a divorce.
            As someone said, if you want to really file a divorce, why not do that in India ? Why come to the US first and then file a divorce ? The only reason I can think of is to get into the US and to spite your husband . Besides if you are securing a H4 Visa claiming to be a dependent of H1 but with the hidden intention of filing a divorce upon entry, that would be a violation of immigration rules. Further more you'l be out of status the moment you are divorced and can no longer remain in the US unless ofcourse you made some prior arrangements to change your status or get married to a resident there.
            Can my husband get my H-4 cancelled or prevent me from entering US in any way?
            It seems to me from the above 2 stmts that you are only interested in getting into the US and don't regard your marriage as useful for anything much than to serve this end. It also shows clearly that you were just using your husband's visa to attain this end. Maybe your husband and parents saw through your intentions and hid that passport to keep you from destroying your marriage as well as their son's reputation.

            Maybe it's time you stopped 'using' others and changed your attitude.

            A

            Comment


            • #7
              H4 Divorce Peculiar

              hello I am in a peculiar situation..

              I am currently in the U.s and My wife went for a h4 visa and received a query...

              Now My wife is filing for a divorce in india and my question is Should i now intimate the INS or let the immigration know in any form that my wife is no more willing to come. and cancel my h4.At First whom do i have to intimate that my wife is no more willing to come after she files for a divorce.

              What are the Legal steps to intimate The Immigration if i have..to that my wife is no more willing to come..

              in 2007 i need to revalidate my new h1 in india and hence the consulate in india might possibly raise the question..About my wifes earlier h4 visa.

              Please help me i am really worried and concerned,since my personal life and my professional life are having a mix coz of this.

              Comment


              • #8
                Withdraw H4 of wife

                I am also in the situation. My wife came on H4 and now its not working out. She is living seperately with relatives. Thinking of getting a divorce.

                My H1 and her H4 is till 2007. How do I inform INS about revoking/ withdrawing her H4? Should I inform INS about her present address and stuff?

                Urgent!! Please help.

                Thanks.
                Last edited by psoft23; 23rd November 2005, 10:34 PM.

                Comment


                • #9
                  Need Help

                  Hi there, I have fallen into similar situation. My wife left to her brother's place Day 1 she arrived here. Now its 1 year since she is staying there. Apr24 is her visa expiring, she wants to apply H4 w/o my documents. The USCIS may approve or may not, can you kindly share your experience that will help me make right decision. Thanks, Ajit (2482194711)
                  P.S.
                  If you don't mind, can we talk.

                  Comment


                  • #10
                    Originally posted by ajitm1 View Post
                    Apr24 is her visa expiring, she wants to apply H4 w/o my documents. The USCIS may approve or may not, can you kindly share your experience that will help me make right decision.
                    It's doubtful that USCIS will approve the extension without any documentation of your H-1 status.
                    ------------------------------------
                    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                    PD: 9/12/2000 (EB3/VA/RIR/Canada)
                    I-140 RD: 12/22/2000
                    I-140 AD: 7/16/2001
                    RD: 8/28/2001
                    ND: 10/26/2001
                    FP1: 1/31/2002
                    RFE: 8/2/2002
                    RFE RD: 8/28/2002
                    TD: 10/22/2002
                    FP2: 6/19/2004
                    ID: 07/15/2004
                    AD: 07/15/2004
                    CO: 08/18/2004
                    CR: 08/23/2004
                    N-400 RD: 05/21/2009
                    FP: 06/13/2009
                    CFR: 08/05/2009
                    IL: 08/21/09
                    ID: 10/7/09
                    USC: 10/8/09

                    Comment


                    • #11
                      I am stuck up with the similar case. we got married in early 2006. I alone came to the US in Mid 2006.we had lot of issues going. My wife came to the US as a dependent in Sep 2009 (H4).Since then she lives at her cousins place. Since she is in my dependent visa, I have been threatened that I am responsible for all her expenses and legal rights. Mean while, I am approaching lawyers in India to file a divorce case.

                      1. Should I inform INS that we have some troubles going and I would like to cancel my dependent visa?
                      2. Am I responsible even when we are seperated?
                      3. How can I cancel the dependent Visa?
                      4. Is it easy to apply for divorce in US as we were separated for more than 3 years? ( we lived together very less than 6 months)

                      Pls advise.

                      Comment


                      • #12
                        Dont want to do H4 for spouse!!

                        @ajitm1 and AMUL7 - I am in the same problem. My wife is trying to get H4 without my H1 papers. Can you please tell me what happned in your case? Did they got H4? I dont want her to get H4. Can I call USCIS and tell them that I dont wnat to sponcer her H4? If yes then what is the procidure?

                        Comment

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