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Can an H1B visa holder request to cancel H4 visa?

Bankruptcy and Debt 4 views 4 answers
Marriage is not working well causing emotional trauma to the child and the wife and the child was given a chance to go back to home country but the wife refused which causes scandal and the husband (H1B holder) was held in the police station. How can the husband send the wife to their home country legally? Can he request to cancel their H$ visa eventhough their I-94 still valid?

Attorney Answers

4
Lynne Feldman ·
Here H-4 is hers and not yours to cancel. You can obtain a divorce and that would cancel her status.
0 upvotes
Stephen Berman ·
The spouse of an H1b is eligible for an H4. The spouse of the H1b files the H4 application, not the H1b. In sum, you cannot ask US DHS to send your wife back home, she has a right to be here as a spouse of an H1b.
0 upvotes
Elizabeth Surin ·
The H1B holder cannot cancel someone else's H4, even if it's the spouse. Just get a divorce and the spousal status will no longer exist for the H4 dependent status. The H1B can inform USCIS of the divorce and "nondependent" status.
0 upvotes
Rochelle Inger ·
You have several issues here. I see a domestic problem, an immigration issue and a child custody issue. Please consult with a family law attorney and an immigration attorney.
0 upvotes

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