Divorce-remarriage-h4 visa

Hi ,

My husband applied first H1b visa petition as married status (first wife) and he worked in US for some time. after that he returned India and got divorce from first wife.

recently he applied second h1b visa( first h1b visa was expired) with divorce status and got Visa. After that he married me 15 days ago and he went to US 3 days ago. His passport has ex wife as his spouse and not changed yet.

Now I want to apply for H4 visa. I have all docs like copy i-797 of my husband, our original marriage certificate, divorce order and other supported docs. Only the problem is my husband passport has his ex wife name in spouse column.

  1. For H4 b visa, does it required to delete ex wife name and add my name as spouse in my husband passport?

  2. in my passport also does it required to add my husband name as spouse name ?

  3. In the latest visa DS 160 form, My husband status mentioned as “Divorce” (because second marriage not happend that time) will it be a problem? Please advice best process for my problem.

Thanks a lot.


1: NO

2: NO

3: If you are able to properly put together your paperwork and with the right explanation (must present good documentary proof for each of these explanations as you are describing here), you should be fine.

But when you guys get a chance, request for your passport correction OR you can get the same when your passports are expired and you are renewing them (thats a later plan to fix the names).

Good luck.