My Husband has filed for Divorce, what is the effect of the Divorce on my H-4 Visa? Will I be deported? If you have an H-4 visa this is a dependent/spouse Visa that was issued to you when your spouse applied for and obtained an H-1B Visa. You obtained derivative benefits because you are married to the H-1B visa holder. The H-4 visa does not permit you to obtain a social security number and therefore you will not be able to work, but you are authorized to remain in the United States with your spouse. An H-4 visa is valid until it expires, and will terminate when your divorce is finalized. Your H-4 visa remains in effect during the dissolution process and during the separation period, but once your divorce Judgment is entered (this is when the divorce becomes final), then your H-4 visa will terminate.
Therefore, it is important that you seek competent legal advise from an attorney who can file documents for you for a new visa to change your status, under a new classification before your divorce becomes final. If you do not take this necessary step, you run the risk of possibly being deported and/or required to voluntarily leave the country.
For further information call the Tustin Immigration attorneys of Yanez & Associates at 714-971-8000.