"visa_ques" wrote in message
news:de24e5a3.0402130647.21304f09@posting.google.com...
>
> 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.
No, she only needs the stamp if she wants to leave and re-enter the US.
> 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
Well, in principle, yes, assuming you're still married. However, as Ingo
pointed out, if you guys are planning on getting a divorce, re-entering as
an F-2 is not a good idea.
> 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.
> > --
> > 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.
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