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H1B Worker Won't Request a H4 For His Spouse

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  • 03-15-2010, 09:04 PM
    sm10
    H1B Worker Won't Request a H4 For His Spouse
    Hi,

    My friend from India lived with her husband in Colarado, USA for nearly 2 years.
    My friend was in the H4 dependent visa whereas her husband was in the H1B work permit visa.

    He sent her to India for higher studies/career development 3 years ago after she delivered her son in USA.
    But he is refusing to send papers for her H4 visa to return back to him. ( He is still in H1B visa) She requested him H4 visa for past 2.5 years and finally came to know very recently that he is planning to marry his ex-girl friend who is working in Seattle.

    Here are few questions that she needs to know to proceed further. Please advise.

    1. How to proceed legally to get visa to join her husband as their son is badly in need of his father?

    2. Is it possible to file a complaint that her husband is refusing to take care of his US citizen child and wife, if she enters USA in Business or Visitor visa?

    3. Is it possible to file a case or legal complaint against her husband from India ,who is currently living in Portland, Oregon ?

    4. Her husband is threatening her that he filed for divorce in Oregon state without her consent/signature to marry his ex-girl friend. Is it possible legally in Oregon?

    Sincerely appreciated your feedback and advice.

    Thanks.
  • 03-15-2010, 09:42 PM
    Dogmatique
    Re: Legal Help for My Friend
    My friend from India lived with her husband in Colarado, USA for nearly 2 years.

    My friend from india was on H4 dependent visa. Whereas her husband was on the H1B work permit visa.

    He sent her to India for higher studies/career development 3 years ago after she delivered her son in USA.
    But he is refusing to send papers for her H4 visa to return back to him. ( He is still in H1B visa) She requested him H4 visa for past 2.5 years and finally came to know very recently that he is planning to marry his ex-girl friend who is working in Seattle.

    Here are few questions that she needs to know to proceed further. Please advise.

    1. How to proceed legally to get visa to join her husband as their son is badly in need of his father?

    If her husband is refusing to help, she's going to find it virtually impossible to gain legal status in the US unless she can do so on her own merit.

    Quote:
    2. Is it possible to file a complaint that her husband is refusing to take care of his US citizen child and wife, if she enters USA in Business or Visitor visa?

    She is free to file for child support. Though she MUST be honest when she applies for any type of visa.


    Quote:
    3. Is it possible to file a case or legal complaint against her husband from India ,who is currently living in Portland, Oregon ?

    She would need to file in Oregon, where he lives. She needs an attorney, ideally.


    Quote:
    4. Her husband is threatening her that he filed for divorce in Oregon state without her consent/signature to marry his ex-girl friend. Is it possible legally in Oregon?


    Divorce does not require her consent - if he wants to divorce her, he can divorce her and marry his girlfriend/ex/whoever.

    Quote:
    Sincerely appreciated your feedback and advice.

    Thanks.

    You're welcome!
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