You yourself cannot "cancel" anything, let alone a spouse's H-4 dependent visa - only the US government can. "Pending divorce" is not (yet) grounds for the cancellation of a dependent's visa.
Can my husband cancel my H4 visa?
Your husband cannot cancel your H-4 visa.
What happens to H4 visa after divorce?
Divorce is no longer a cap on H4 visa holders' rights to apply for temporary work authorization in the US. The abused spouses' application for work permit has nothing to do with their partners' status in the process of attaining legal permanent residency.
Can I revoke H4 visa?
Process to withdraw H4 or I-539 Application with USCIS? The process is pretty simple, all you need to do is send a withdrawal letter to USCIS requesting them to withdraw your application. There is no official letter or form that USCIS provides for you to use for the requesting the withdrawal of your application.
How do I notify USCIS of divorce?
If you finalize your divorce while you're still a conditional resident, but still want a green card, you must submit to USCIS not only Form I-751, but a request for waiver of the usual requirement that you and your U.S. spouse file the I-751 jointly, with both your signatures.
Can H4 visa holder apply for divorce?
An H4 visa allows you to stay in the U.S. with your spouse. If you hold an H-4 visa and you are going through divorce, your authorization to stay in the U.S. on an H-4 visa ends when your divorce is finalized. You must request a change of status with USCIS, if you are eligible, before your divorce is finalized.
Can I cancel my husband dependent visa?
The quick answer is that your husband can't cancel your spouse visa. That is because your spouse visa was issued by the Home Office and not by your husband or spouse.
What happens to H4 EAD if spouse changes employer?
Fortunately, your employment authorization is not tied to any single petition, but rather the fact that an approved petition exists under your spouse's name. Therefore, if your spouse changes jobs and has a new I-140 filed under his or her name, you can still file for an extension or renewal of your H-4 EAD.
Can H1B holder cancel H4 visa?
The H1B holder cannot cancel someone else's H4, even if it's the spouse. Just get a divorce and the spousal status will no longer exist for the H4 dependent status.
Can H4 start without EAD?
(2) Why it is legal to stary any business on H1b or H4, you don't need an EAD card to start any business. You can start a business even with no SSN.
What happens if I get a divorce during immigration process?
If at any point a divorce occurs before the approval of an application for a green card, the immigration process stops. The divorce dissolves the relationship that made the spouse eligible. This is true even if USCIS already approved the immigrant petition.
Will my husband get deported if I divorce him?
Being married to a US citizen does not automatically provide an undocumented immigrant with legal status, and filing for divorce does not prompt deportation proceedings. Although the divorce court is not permitted to contact US Immigration and Customs Enforcement (ICE), others may do so.
What happens if I divorce before 2 years?
But if you divorce (or your marriage is annulled) before the two years have passed and you want to continue to live in the U.S., filing this petition jointly with your spouse will be impossible. You will still need to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement.
Will a divorce affect my immigration status?
If at any point a divorce occurs before the approval of an application for a green card, the immigration process stops. The divorce dissolves the relationship that made the spouse eligible. This is true even if USCIS already approved the immigrant petition.
Can I get deported if I get divorced?
Being married to a US citizen does not automatically provide an undocumented immigrant with legal status, and filing for divorce does not prompt deportation proceedings. Although the divorce court is not permitted to contact US Immigration and Customs Enforcement (ICE), others may do so.
Can I leave the country after filing for divorce?
Yes of course she can travel anytime outside the country even after filing of the application and for that she doesn't even require any sort of permission from the court.
What happens if you get a divorce after green card?
If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. However, the divorce may force you to wait longer to apply for naturalization. In this case, you would need to wait five years, rather than three.
Robert Louis Brown
The H-4 is dependent of the marriage to an H-1B. Speak with your divorce lawyer.
Divya Malik
One of the requirements for a H-4 visa is a valid marriage. As long as you both are still married, she qualifies for a H-4 visa. If a couple is divorced, the spouse will no longer qualify for a H-4 visa. The U.S. consulate abroad has the capability to issue/not issue a visa...
Ekaette Patty-Anne Eddings
Your fact patterns seem to be changing and multiplying every time you post the same question. This is a family law matter. Retain a lawyer directly for help. Goodluck.
4 attorney answers
No. You yourself cannot "cancel" anything, let alone a spouse's H-4 dependent visa - only the US government can.
Giacomo Jacques Behar
No, you cannot cancel your wife's H-4. She is still your wife until a final judgment of divorce is entered and therefore, eligible to maintain her H-4. Once the divorce is final, your wife would no linge be eligible for H-4 status. You can notify USCIS, CBP or the U.S. Embassy at that time.
Robert Louis Brown
No, you cannot do anything about it. She is still your wife until the divorce is final. And only USCIS can determine whether or not someone is eligible for their current status.
How to resolve a family dispute?
First of all, try to involve elders, mutual friends and seek a resolution than take a hasty decision. Try a family counselor. It might sound good now but when the reality strikes, the scene is different. Again, I don't know much about the situation you are in.
How much does a divorce attorney charge for a simple divorce?
7. Simple mutual consent divorce without children/property can be done by yourself. An attorney will chare at the least $1000 for simple cases.
Does your husband have control over your status?
Your husband doesn't have control over your status. Since you are in the US, US law applies, not Indian law.
Can an H4 person go to India?
That way H4 person goes to India with the document , gets the divorce in the absence of the spouse, thereby losing the H4 status. Now gets a new H1B returns to the United States and starts work and life fresh.
