Impending divorce, request revocation of H4 status for my spouse

[gsinus]

Hi,

This is not the brightest story, but it seems that a divorce between me and my spouse is imminent. Both me & my spouse  currently have an approved H1B  & H4 (as my dependent) respectively, till may 2017. At this point I would like to stay away for him for atleast some time and then decide if divorce is the best way foward for us.

 

We have approved I-797's but our US visa's in our passports are expired, so if we leave the country, we shall have to go for a visa interview to get new visas. At this point, my spouse has refused to leave the country for obvious reasons and obviously I cannot  force him.

 

Is there any way I can request my company attorney to revoke his H4, so that he goes out of status and is forced to leave the country ?

 

Any advice would be much appreciated.

 

Thanks,

GottaK

[JoeF]

An H4 has nothing to do with your employer.

When you are divorced, you can send USCIS the divorce decree. At that point, they would revoke the H4. As long as you are married, you can't do anything.

[jairichi]

I think you cannot. But, if you leave US for an extended period of time say 2 weeks or more and if your spouse stays in US during that time then he accrues illegal stay. Might be this is a point that you can use.

[itsmeusa]

His H4 is due to the fact that you have H1b and you are his spouse. To revoke his H4, you need to drop H1b or divorce him right away. As these 2 things are not going to happen too soon per your post, I don't see any base to request USCIS to revoke his H4. Just my opinion.

[omshiv]

My 2 cents -  As long as he doesn't harass you or threaten you or harm you, why do you care where he is? Just complain to the Cops if he does anything in the list.

 

Else, do as JoeF or Jairichi suggests.

[gsinus]

Thanks for the replies folks.

 

Jairichi - can you elaborate on the rule you mentioned about him staying back here on H4 while I am out of the country with a valid H1B on vacation in my home country for over 2 weeks. Is that an illegal stay for him here in the US even, though he has an approved H4 I-797. If you could share some links to this clause, that would be great.

 

Your inputs much appreciated.

 

Regards

[JoeF]

 

Thanks for the replies folks.

 

Jairichi - can you elaborate on the rule you mentioned about him staying back here on H4 while I am out of the country with a valid H1B on vacation in my home country for over 2 weeks. Is that an illegal stay for him here in the US even, though he has an approved H4 I-797. If you could share some links to this clause, that would be great.

 

Your inputs much appreciated.

 

Regards

 

 

Actually, jairichi is wrong on that.

It is ok for dependents on H4 to stay in the US is the primary person on H1 is outside the country for a vacation. It would be different if you quit your job in the US and take up a job outside the US.

[jairichi]

I never mentioned staying outside US "on vacation". If you stay outside US for an extended period of time then your spouse cannot stay in US on H4 as it is considered illegal stay.