Sponsoring GC to H4

[mightyaussie 0]

Hello All,

I am on H1B and with my military service, i got naturalized. My wife was on H4 visa. Now that i became US citizen, may i know what would be the status of my wife? She's still considered as H4? Or do i need to worry about her status before sponsoring the PR.

 

Thanks.

[pontevecchio 12]

Are you still in the military? When did you Naturalize? 

Thank You for your service.

[Provence 0]

You can't be on H1b status and a US Citizen at the same time. 

And please stick to one thread per topic. 

[mightyaussie 0]

Yes. Still in Military Service. Naturalized 2 weeks back.

[mightyaussie 0]

55 minutes ago, Provence said:

You can't be on H1b status and a US Citizen at the same time. 

And please stick to one thread per topic. 

I am clear with my status. Just need to understand what will happen to my wife's status, as she's on H4 visa.

[pontevecchio 12]

Have the army help you in the matter. Their lawyers can help. You need to go through your chain of command. 

[Provence 0]

12 hours ago, mightyaussie said:

Hello All,

I am on H1B and with my military service, i got naturalized. My wife was on H4 visa. Now that i became US citizen, may i know what would be the status of my wife? She's still considered as H4? Or do i need to worry about her status before sponsoring the PR.

 

Thanks.

Your wife ceased to be a derivative beneficiary of an H1b, and thus is no longer on H4. She appears to be out of status. 

Unless a procedure exists for military spouses being eligible for immigrant status, you would have to petition her for either an IR/CR1 visa if she is overseas, or Adjustment of Status if she's physically in the US.