Q: How can i protect myself from my husband?


I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said application but he has also stated that he doesn't want to extend my visa.

Can he do that without my consent?

He has also deliberately changed addresses to make sure my H4 EAD gets undeliverable. How can I inform the government about this?

Also, how can he mention me as a dependent while we are clearly separated?

How can I make sure that he doesn't file any cases against me in US?

How can I make sure he doesn't take any tax benefits by showing me as a dependent?

Please advice.


1 Lawyer Answer
Chris M. Bradford
Chris M. Bradford
  • Domestic Violence Lawyer
  • Santa Monica, CA
  • Licensed in California

A: It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he mentioning this? An immigration form?

Or are you talking about income tax form?

I would also recommend you re-ask your question as an income tax question, rather than family law.

Attorneys work in different areas. I don't have any answers about immigration or income tax.

However just because your husband has filed for divorce in India does not mean you cannot file for divorce in the United States. If you are interested in finding out more about this, you need to find a family law attorney in the State where you live. Filing in India does not prevent you from filing here. This is assuming you are living here in the United States. It is unclear where you live. You must be living in California to file in California.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.