Legal Question in Immigration Law in California

Hello,

My hubby is working in USon H1 visa.I joined him in US on H4 visa.But due to problem between us i left US and presently staying in my home country india.My H4 visa will expire this month.I am sure my hubby will not renew it.But i want to go back to US. As i am still his legally wedded wife is there any way to renew h4 visa even if my hubby doesn't want to renew it?


Asked on 8/06/09, 10:24 am

2 Answers from Attorneys

From the information that you provided, it appears that you will not be able to obtain an H-4 visa without you and your husband's reconciliation, making it a 'good faith' marriage, showing that you are living together and intend to be married. If there are questions about your marriage, some embassies even ask for proof of your good faith marriage, like recent bank statements, photos, etc. Specifically, in order to obtain an H-4 visa again, you would need your husband's original or a copy of his H-1B approval notice, proof of his employment verification, his most recent paycheck stubs, your original marriage certificate, and possibly your husband may even need to be present to obtain this visa.

You can send me further questions offline at [email protected] or call at 415-387-1364.

NOTE: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship. If follow-up advice on your specific situation is desired, we offer a paid consultation in person, by phone or email.

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Answered on 8/06/09, 12:11 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Good Afternoon:

I am sorry to hear that things between you and your husband are problematic.

Unfortunately, the renewal of your H4 visa is dependent on your husband's visa.

However, if you would like to come back to the US, there may be options for you, including immigrant visas (for permanent residency) that may depend on your work experience and/or family in the US. Likewise, you may be able to apply for a different non-immigrant/temporary visa such as a visitor visa (B2) or student visa (F1) if you'd like to return to the US.

To discuss your options further, kindly call me at 714 288 0574, or email me at [email protected]. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 8/06/09, 6:34 pm


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