Hi Experts, am in deep trouble and need advice. Please spare some time of yours to answer my queries to help me..will be grateful.
I have come on H1 to US last year and my wife is in India now. Our marriage is going thru deep trouble (she's extra- marital affair). I have a kid too...to save our marriage and give her a chance I am thinking of calling her here and give it a best shot. Problem is that she is very materialistic, moody, unpredictable, did/can do very stupid things without realizing the implications.
The questions I have is (my questions might seem very stupid/extreme but these are my valid concerns so pls respond to them)
1. Once she is here and some problem arises between us...she goes to cops and files false case against me for say domestic violence etc…i.e. beating or emotional abuse…does not she need to prove it or cops will just go by that statement and put me in trouble? Any recordings I should take in advance of our conversations to prove I never did such things.
2. If she still does not change then I will divorce her. Will divorce granted in India be accepted by US laws for H1/H4 residents? Or do I need to divorce her using US law?
2.a. If thru US law how long does a normal divorce case takes? How does this process work?
3. Once she is not my dependent she would have to leave US...If she does not want to go back, what are her options to stay back? Can she seek asylum or go to women right orgs or do something to stay here legally?
4. If she is not my dependent what is the time frame in which she has to leave the country?
5. Can she stay back illegally here? If yes what way I can try to send her back. I do not want her to stay here bcz of my kid, if she goes back to India then I can fight for my kid's visiting rights etc else she will disappear here with my kid.
5.a. If she somehow manages to stay here illegally can I report it to Police/INS.
6. If our GC processing is in last stage and if any problems arise between us, if I leave her then will her GC application (whatever stage it will be in) be cancelled as she is no more my dependent?
7. If I leave her can she create any trouble for my GC application?
8. During her stay here can I process just my GC and not her's and just keep her on H4?
8.a In this case will there be any problems if she wants to visit india in this situation?
8. Read something abt U-visa for abused wife's. How thoroughly does law here check about abuse? Is it like Indian dowry law where just a statement is enough to put innocent husband in jail?
9. Any other precautions or things I need to be aware of or cautious about in my situation. I am hoping for best but planning for worst. Any advise?
Couple more q's on her stamping...
1. My H1 visa expires in Sep'09, I want to send her for stamping in May/June (my visa will be valid for few months then). Can there be any concern/issue when she goes for H4 stamping.
2. Would it be better for me to apply for my visa extension/renewal and after I get it then send her for H4 visa stamping? This might take some time and I want to call her by may/june.
I have come on H1 to US last year and my wife is in India now. Our marriage is going thru deep trouble (she's extra- marital affair). I have a kid too...to save our marriage and give her a chance I am thinking of calling her here and give it a best shot. Problem is that she is very materialistic, moody, unpredictable, did/can do very stupid things without realizing the implications.
The questions I have is (my questions might seem very stupid/extreme but these are my valid concerns so pls respond to them)
1. Once she is here and some problem arises between us...she goes to cops and files false case against me for say domestic violence etc…i.e. beating or emotional abuse…does not she need to prove it or cops will just go by that statement and put me in trouble? Any recordings I should take in advance of our conversations to prove I never did such things.
2. If she still does not change then I will divorce her. Will divorce granted in India be accepted by US laws for H1/H4 residents? Or do I need to divorce her using US law?
2.a. If thru US law how long does a normal divorce case takes? How does this process work?
3. Once she is not my dependent she would have to leave US...If she does not want to go back, what are her options to stay back? Can she seek asylum or go to women right orgs or do something to stay here legally?
4. If she is not my dependent what is the time frame in which she has to leave the country?
5. Can she stay back illegally here? If yes what way I can try to send her back. I do not want her to stay here bcz of my kid, if she goes back to India then I can fight for my kid's visiting rights etc else she will disappear here with my kid.
5.a. If she somehow manages to stay here illegally can I report it to Police/INS.
6. If our GC processing is in last stage and if any problems arise between us, if I leave her then will her GC application (whatever stage it will be in) be cancelled as she is no more my dependent?
7. If I leave her can she create any trouble for my GC application?
8. During her stay here can I process just my GC and not her's and just keep her on H4?
8.a In this case will there be any problems if she wants to visit india in this situation?
8. Read something abt U-visa for abused wife's. How thoroughly does law here check about abuse? Is it like Indian dowry law where just a statement is enough to put innocent husband in jail?
9. Any other precautions or things I need to be aware of or cautious about in my situation. I am hoping for best but planning for worst. Any advise?
Couple more q's on her stamping...
1. My H1 visa expires in Sep'09, I want to send her for stamping in May/June (my visa will be valid for few months then). Can there be any concern/issue when she goes for H4 stamping.
2. Would it be better for me to apply for my visa extension/renewal and after I get it then send her for H4 visa stamping? This might take some time and I want to call her by may/june.
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