Ok - I am somwhat confused.. and sorry if I am slow. Let me restate
the facts and my questions.
1. We are married
2. I am on an F1 and my wife is on an F2 Visa, which she used to enter
3. My wife applied for a change of status to H1B and this petition was
approved and she is now working. She does not have the H1B Stamp.
4. We are in the process of filing for a divorce - we have been
talking about it, but the papers have not been filed.
Questions:
1. After the divorce: Does my wife have to get the H1B stamped on her
passport or can she continue to remain here as long as she does not
leave the country? I was assmuming that she since came here on a
dependant Visa and will no longer be a dependant after the divorce,
she will have to get the H1B stamp to remain here.
2. Before the divorce papers are filed: Can my wife leave the country
and return on the F2 Visa stamp, even though she has a H1 Status
Thank you and I apologize for asking my questions again.
Ingo Pakleppa - see web site for email wrote in message news:...
> No. In order to qualify for F-2, she would need to meet several criteria:
>
> - you must be married (obviously)
>
> - you must be living together.
>
> - you cannot be in separation or in the process of getting divorced.
>
> - she cannot work.
>
> - she must not have the intent to change to another status on the day she
> returns to the USA.
>
> Since you are actually in the process of getting divorced, entering on the
> F-2 would be at best problematic, and could be considered outright
> fraudulent.
>
> Assuming that she plans to work, the H-1B would be an additional
> complication. First, the employer would have to re-sponsor her (that's the
> only way to apply for an H-1B from within the USA) even though she already
> has a valid petition. Second, entering on F-2 with the intent of changing
> to H-1B is not legal. And third, until the change to H-1B is approved,
> possibly many months later, she would not be allowed to work.
>
> On Thu, 12 Feb 2004 19:45:46 -0800, visa_ques wrote:
>
> > Thank you. Since she still has the F2 stamp and our divorce has not yet
> > been filed, can she leave and re-enter on the F2 even though she has H1B
> > Status?
> >
> > Thanks again.
> >
> > JulianB wrote in message
> > news:<1238615.1076614652@britishexpats.com>...
> >> Originally posted by Visa_ques
> >> > Hello,
> >> >
> >> > I am
> currently in the US on an F1 Visa and my wife joined me here on
> >> > an F2
> Visa. She recently got her change of status approved to H1B and
> >> > has
> been working on a job for the past 6 months. I have continued to
> >> >
> remain on the F1.
> >> > She does not have the H1 Visa stamp on her passport
> yet and we
> >> > understand that she will not need it unless she chooses to
> leave the
> >> > US and then re-enter.
> >> >
> >> > We are now in the process of a
> divorce and I want to know whether that
> >> > will have any implications on
> her and if she now has to get a stamp on
> >> > her passport in order to
> continue to remain in the country.
> >> >
> >> >
> >> > Thank you.
> >>
> >> She
> >> does not need to do anything, as she has H-1B status. She may remain in
> >> the US until that expires. She will only need a visa stamp if she exits
> >> the US and re-enters.
>
> --
> Remember, I am strictly a layperson without any legal training. I encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
>
> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
>
> Please visit my new FAQ at http://www.kkeane.com (always under construction)
>
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome. |