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Immigration Issues/Living seperately - Exclude wife in I-140

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Question
Hi I am currently on H1B visa and my employer has got my Perm approved. Now preparing for my I-140. I am married since Feb 2014 and i have issues in my marriage. Recently my wife left me and went to India and we are living seperately. I want divorce.
I have following question...

1. My wife travelled with expired H4. I would like to cancel her H4 and have her not return to USA. Will she be able to get the H4 stamp without my approval?

2. I would not like to include her in my green card process. (i-140 and beyond).

What options do i have in situation like this?

Answer
Hi,

A U.S. Consulate will not issue a new H4 visa to your wife unless she produces evidence including the following: copy of your passport, your current H1B approval notice and recent pay stubs, marriage certificate, etc. Therefore, you do not have to worry about your wife entering the U.S. since she departed with an expired H4 visa.

You must include the name of your wife in the I-140 petition as the I-140 petition asks for the names of spouse/children. However, she will be unable to adjust status in the U.S. or obtain an immigrant visa in the future without your active cooperation.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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