Legal Question in Immigration Law in California

I am on a H4 and will soon be divorced from my husband who is on a H1.

I want to change my status from H4 to B1/ B2 - visitor's visa on the finalisation of the divorce.

I do not have any documents supporting H4 status.

Do I need to apply with any documents of H4 for change of status? What documents are these, since I would need to ask my ex to give me copies of these?

Thank you.


Asked on 10/03/10, 9:05 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

The H4 status ends with divorce. There is usually no need to change status to B2 while divorce is pending, unless your H4-based I-94 card is expiring sometime prior to that. In this case, yes, one will be required to prove that she is in a valid H4 status and her H1B spouse in a valid status as well.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. To schedule a consultation or for more information, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/08/10, 10:31 pm


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