desi-dude Posted June 28, 2016 Report Share Posted June 28, 2016 Need your urgent help! I am on H4 visa of my current spouse with spouse name and her employer name appearing on the H4 visa foil. I am planning to file for divorce and re-marry another H1B. For the gap between divorce and new marriage I plan to travel out side the US. Immediately after my new marriage certificate is issued and new I-797 is approved (for new spouse) I plan to re-enter the US. My existing valid visa (with old spouses name) has another 2 years for expiry. I preferably wanted to use the same visa with the new I797 (of new spouse) to re-enter. The regulation normally allows one to use old valid visa stamp with updated I-797 i.e. situations when there is a change of employer (for spouse) I could still use the same old visa with the new I-797, but in this case it's going to be change of employer PLUS change of spouse. My question is, can I still use the same old valid h4 visa with the new spouse I-797 to re-enter? Link to comment
pontevecchio Posted June 28, 2016 Report Share Posted June 28, 2016 Just get a new H4 visa. If you are worried about the scenario, run it by the firm of Murthy. Link to comment
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