If I get a divorce does my immigration status change?
My wife is asking for divorce — she holds H-1B, I hold H-4, we have a 2-year-old child, and my H-4 will expire soon. I checked with a divorce lawyer and they told me to check with an immigration lawyer on how to handle this.
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In terms of your H-4 visa — it’s tied to your wife’s H-1B status. If she maintains her H-1B, your H-4 remains valid. If a divorce means you no longer qualify for H-4, you’ll need another immigration option before your H-4 expires (for example, a change of status to F-1 if you enroll in school, or obtaining work authorization under a different visa if eligible). Make sure any work authorization you rely on is valid. Because you share a young child, custody and where the child will live can affect practical immigration choices — e.g., who has primary custody and whether you intend to remain in the U.S. An immigration attorney who handles family-law overlap can advise on strategies that protect both custody interests and immigration status.
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I am looking for an immigration lawyer.
Lexi, Chatbot
I understand you are looking for an immigration lawyer. Can you please tell me what specific immigration issue you are facing?
My wife is asking for a divorce. She holds an H-1B and I hold H-4. We have a child who is 2 years old and my H-4 visa is expiring soon. I’d like to understand what to do.
Lexi, Chatbot
Are you currently located in the United States or another country?
Right now I am in the US. But I will travel back to Singapore in a couple of weeks.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Brandon
Hi there and welcome to AskaLawyer. My name is Brandon and I'm an attorney. I'd be happy to help you out today.
Hi Brandon.
Brandon
How can I assist?
My wife is asking for divorce — she holds H-1B, I hold H-4, we have a 2-year-old child, and my H-4 will expire soon. I checked with a divorce lawyer and they told me to check with an immigration lawyer on how to handle this.
Brandon
In terms of your H-4 visa — it’s tied to your wife’s H-1B status. If she maintains her H-1B, your H-4 remains valid. If a divorce means you no longer qualify for H-4, you’ll need another immigration option before your H-4 expires (for example, a change of status to F-1 if you enroll in school, or obtaining work authorization under a different visa if eligible). Make sure any work authorization you rely on is valid. Because you share a young child, custody and where the child will live can affect practical immigration choices — e.g., who has primary custody and whether you intend to remain in the U.S. An immigration attorney who handles family-law overlap can advise on strategies that protect both custody interests and immigration status.
So I had checked with a divorce lawyer and they told me to check with an immigration lawyer on how to handle this scenario.
Brandon
Understood. Thanks for using AskaLawyer.
Brandon
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