If I have an H4 visa, can I divorce or separate without losing the right to stay in the United States?

I have been living in here in the US for 2 years; I come from Poland. Nowadays I am waiting for a green card but it may take a long time before I’ll get it. I live with my husband but I would like to divorce or separate with him, however I do not want to lose the right to stay in here. Should I wait for my green card? If I divorce after receiving my card, can I lose it? I have 2 kids. My son was born in Poland and my daughter was born in here. Is there any possibility to be able to legally make money so I could divorce my husband?

Asked on November 8, 2014 under Immigration Law, Florida


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you divorce before your green card is approved, you will not be eligible for it; you will also lose your H-4 status as soon as you are legally divorced.  However, if you obtain your green card and then divorce, you will be able to retain your green card status regardless of your marriage situation.

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