Q: Can my husband cancel my H4 visa before applying for divorce? If so how long can i stay in USA legally?
Hello,
I am on H4 visa and recently got EAD approval notice. My husband is on H1B, he has applied for Green Card and got his I 140 approved.
I am planning for Divorce as i am emotionally abused by my husband. Is there any way where i can stay in the United States legally?
I need some guidance it will be really helpful.... Thank you
A:
If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to apply for a special visa called an U-visa, which will allow you to stay in the country legally. All the best.
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