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  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Default Is H4 Visa Still Valid After Divorce

    My husband has (or maybe he had) H4 visa after his ex wife, His first visa when he came to US was J2. They divorced after he received H4 visa. Is this visa still valid or now he has no status because of divorce? I already heard few answers for this question and I'm really confused. I want to apply for his green card and we just find out that he has to file for waiver for residency requirements [J2 visa - section 212(E)]. I did some research and find out that you can not change your status from J2 to another visa if you do not have this waiver, and now the "lawyer" is telling me that my husband have to do the waiver....can anyone tell me what is the true? and where to start process of applying for green card for my husband. all of this is very confusing

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Is H4 Visa Still Valid After Diforce

    His H4 status terminated at the time of his divorce. A dependant visa has a required relationship with a primary visa holder.

    A 2 year home residency is not waived by another visa status; ther is a specific procedure and a waiver is not guaranteed.

    Do you have a "lawyer" or just an "immigration consultant"? If it is an attorney, follow his advice. If it is an "immigration consultant", get a real lawyer - and follow his advice. You appear to be in over yoru head in doing this on your own based on your questions.

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Is H4 Visa Still Valid After Diforce

    OK, I understand that his H4 is terminated ..what about J2? its not valid any more, am I right? and if its not valid why he need to do the waiver? he has no status so it should be ok just to file for his green card, please correct me if I'm wrong

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Is H4 Visa Still Valid After Diforce

    His J2 became a H4. A J2 is also a dependant visa so that once the J1 was terminated, his J2 was also.

    Your questions make me believe that you really need to be doing this with the assistance of an attorney. If you cannot afford the fees of an attorney, look for a social service agency that assists immigrants.

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