H4 Facing Divorce

[Josh]

Hi,

 

Im on H4 dependant visa which is valid for couple of years, my spouse has filed for divorce.

 

My questions are

 

1. Do I lose my H4 status when the divorce is granted?

 

2. Im planning to do my higher studies. If I start my higher studies on H4, will I be able to transfer to F1 in the middle of semester?

 

3. Any other suggestion for my situation.

 

Thank you in advance for your help.

[jairichi]

Hi,

 

Im on H4 dependant visa which is valid for couple of years, my spouse has filed for divorce.

 

My questions are

 

1. Do I lose my H4 status when the divorce is granted?

 

2. Im planning to do my higher studies. If I start my higher studies on H4, will I be able to transfer to F1 in the middle of semester?

 

3. Any other suggestion for my situation.

 

Thank you in advance for your help.

1. Yes.

2. Better to apply asap for a change of status to F1 as it takes more than 4 months to get an approval based on current processing time.

[luck2u]

@Josh: Your spouse cannot request for cancel/revoke your immigration status in United States until the divorce is granted if you filed in USA or home country. Then if your spouse wants you not to sponsor anymore, then he/she has to send a copy of divorce decree (judgement) to DHS/USCIS to cancel/revoke your immigration status i.e., H4 in this case. Till then you are good to stay Becoz USCIS or DHS will not revoke with the immigration status with the help of divorce filing papers copy. They need the decree (judgement) copy to take any action.

 

Good Luck!!