Divorced and Remarriage. H1B and H4

sam27

New Member
Hello,

Both me and my spouse-to-be are divorcees. We are both Indian citizens. We are getting married this month end. I'm on H1B and she will be on H4. For my DS160, I selected my Marital Status as Divorced (since I'm currently divorced). But since she's filling out a H4 DS160, the system isn't letting her specify her marital status as Divorced and specify me as her principal applicant. Should she set her Marital Status as Married and provide my information as her spouse since her H4 will be based on our upcoming marriage?


At the time of the interview we will have our decrees, new marriage registration, wedding album etc.
I got my divorce decree from US court. Will this decree acceptable in USCIS? Do i have to inform USCIS about my divorce?
 
Until you're actually married, she's not eligible to be listed as your derivative. She cannot list her marital status as a divorcée and your derivative at the same time. You're supposed to be married as at the time of submitting the DS160 form, not just at the time of your interview.

Setting her marital status as "married" now that she's not yet married to you is considered a lie. Wait until after the marriage before filling and submitting the DS160 form.
 
"Signing" her ds160 as married, and admitting you as her spouse.. when both are untrue, is misrepresentation, aka lying. To attain H4 derivative benefit, she should submit her ds160 AFTER her legal marriage to you, the H1B spouse.
 
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