Asked in Divorce and Immigration Law for California

Q: Hi, I am separated single mom. want to apply H1B visa, being divorced or separated affects negatively ? if so how ?

I am separated single mom planning to apply for H1 B visa this year on April 1st 2019. I am in dilemma, should I start the process of H1b and then start my divorce proceedings or otherwise?. Although both are equal priorities for me, I want to give higher priority to H1b since its both tough and requires lot of paper work to finish the process, for me and my sons good future. I do not want to negatively affect my Visa in any way.

My Question is does being a divorced lady (with ex not applying for Visa) negatively affect my chances of getting an H1B visa approved ? Will the USCIS look at my application as strong contender for permanent immigration ? Can you please help me in understanding the challenges with respect to H1b for my case?

I am 40 years old, once held a valid F1 and H1b visa in US, Son was born in US.

Thanks in advance. Appreciate your response.

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1 Lawyer Answer
Kelli Y. Allen
PREMIUM
Kelli Y. Allen
Answered
  • Immigration Law Lawyer
  • Charlotte, NC

A: Your marital status should not impact an H-1B visa in any way.

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