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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default What Happens When a H4 Visa Holder Divorces

    A couple in California is getting divorced. The husband has a H1B visa, his wife has a H4 visa, and their child is a U.S. citizen. What happens to the wife's status if they divorce, and how can they manage custody and visitation if she loses her H4 visa status?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: What Happens When a H4 Visa Holder Divorces

    The wife's H4 visa status will terminate upon the entry of the divorce judgment. If she wants to try to stay in the U.S., or wants to know her options for returning to the U.S. if she leaves after the divorce, she should speak with an immigration lawyer, the sooner the better.

    The custody issue could also be complicated, if the father seeks custody and she has a questionable ability to travel to the U.S., so she should discuss custody plans with a divorce lawyer, and make sure she also discusses immigration issues that could arise around visitation with her immigration lawyer.

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