Spouse on H4 filed for divorce


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Hi All,

My spouse has filed for divorce and hasn't been living with me since last 6 months and is threatening me to file H4 visa so she can get it approved and convert it to F1 visa. I wish to know if its legal to file H4 visa and does USCIS know that divorce case is pending and the motive is to divorce as as soon as H4 visa is approved. Her visa was expired and denied 3 months back and since then has been living illegally. What are the chances of H4 approval with unlawful presence in records.

Edited by jmendoza12
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