Hi,
I am currently on H1B in the US and got divorced in India recently. My ex-wife never traveled to the US and had no H4 visa stamped on her passport. Now I am planning to travel to India and get married again. My would be wife will be applying for H4 visa after our marriage. I wanted to know, whether removing earlier spouse name from my passport is mandatory or can my would be wife go for her H4 visa with my existing passport copy.?
P.S : Both of us our divorcees and have our legal documentation in place for our divorces.
Although divorce documentation should be sufficient to carry to US consulate, I am not comfortable with the fact that your present fiancee/wife should apply for visa using a document (your passport) that has somebody else’s name identified as spouse. Also, this is less of a problem at US embassy, they can sort this out easily including if your ex-wife ever applied for a visa. The real problem is the India Emmigration / Exit point where you will be considered in violation of Hindu Marriage Act 1955 because a third party is identified as your current wife. This checkpoint is not qualified to examine divorce documents and they will have problem with the passport data. I advice changing it before you make travel plans around it.