My wife has a valid EAD and h4 visa until 2024 December. We got divorced in India around 2023 July and we both travelled back to US. She is staying and working in US until current is valid up until December 2024.
I am not sure if I need to do anything to be safe in future as far as immigration is concerned. For example, do I need to report to USCIS about the seperation? since visa and EAD was granted before the divorce.
Can someone please help by sharing any information or experience? Thank you in advance.
Once your spouse is divorced, their dependent status automatic expires as they are no more a dependent of H1B.
Currently if your wife is working on H4 after divorce, she is breaking the immigration law.
If you have allowef and supported this knowingly, you are also breaking the immigration law by falsely authorizing your your marriage even after divorce. This will impact your future on H1B.
She mush leave the country asap and you must inform the USCIS as well as the consulate who issued her H4 visa so they can cancel her H4 status and visa.
Thank you. Can you give some pointers on how to inform USCIS or consulate.
Call the USCIS contact center and they can guide you.
For visa cancelation you can simply email the consulate that issued the H4 visa and provide them proof of your divorce.