If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Q - I got married two years back when I as on an H-1B and my spouse now has an H-4. We separated and are about two weeks from getting a divorce. She's trying to get H-1B status before we divorce.

She's asking for a copy of my passport and visa, my I-94, my pay stubs, my W-2s and my H-1B approval. Does she need these documents for her H-1B?

A - She needs to show you were maintaining H-1B status in order to show she has been maintaining H-4 status. So your providing those documents to her would be helpful. Also, while I am not a divorce lawyer, I suspect that deliberately making it difficult for your wife to maintain legal status will look very bad to a divorce judge.

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Q - How can I get a work permit if I was sponsored while section 245i was still effect back in March 2001?

A - The answer depends on whether your case is far enough along that you are eligible to file an adjustment of status petition. That would require any underlying application - such as a labor certification or an I-130, for example - to be approved and for a priority date in your green card category to be currently available. If you are eligible to file for adjustment of status, then you can request a work permit and you should have permission to accept employment within 90 days of that point. Your immigration lawyer should be able to advise you on how close you are to being able to file for adjustment of status.

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Q - I have a question that arose from a meeting with a tax attorney specializing in expatriates.  We agreed that it is advantageous for my wife to relinquish her green card status because we are living outside the US and are not likely to return to the US, and she is earning substantially more than the IRS-allowed exclusion.  (I am a US citizen and we have been filing jointly). My question is whether she must do anything to formally surrender the green card, or does it automatically lapse/become invalid after a period of one year from the most recent departure from the US?

A - Your wife can go to the US consulate closest to you and complete a form I-407 to formally relinquishing permanent residency status. You should also be able to mail your green card to USCIS or the consulate with a letter requesting relinquishment of your residency status and the I-407 form.

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Q - I am wondering how I should go about a process. I am currently going through a divorce of which I have been separated from my husband for sometime now. However, I am currently engaged to someone who lives in Malaysia. I am curious to know will I need to wait until the divorce is final to start the K-1 fiancé visa process or can I start the process now.

A - Your divorce must be final for you to proceed with a K-1 fiancé visa petition.

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Q - My wife and I are expecting our first child in April. What we would like to do is have my niece who lives in the UK come and be our Nanny. We would like to do this through a nanny agency. What we would like to know is how we (both us and my niece) go about this. Is it possible?

A - If your niece is between the age of 18 and 26, she may be able to enter as an au pair on a J-1 exchange visa. Only a handful of au pair agencies are authorized to act as a sponsoring agency and I believe most will allow you to identify the candidate for the au pair spot (as opposed to their making the match). You can very helpful information on the au pair program on the State Department web site at http://exchanges.state.gov/education/jexchanges/private/aupair_brochure.htm. Designated sponsors can also be found on that site at http://exchanges.state.gov/jexchanges/. Good luck.