Help please...qs related to H4

[whoami191]

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.

[txh1b]

1. Very easy to accuse and implicate someone even with self inflicted injuries. But if the self inflicted injuries can be proven, filing a false complaint will lead to serious consequences for the filer.
2. Read more about divorce in US and/or In India on a thread specific for that purpose. In short, if your marriage was in India, getting a divorce there is better but you can get it in US with mutual agreement.

http://www.immihelp.com/forum/showthread.php?t=22523

2a. Depends on your state of residence. Could be 2-6 months. As you have a kid, you might have custody battle too. India may be a better choice if the kid is not a US citizen for a divorce.

3. Domestic abuse victims can get a special category of "U" visa. Read more about it.

4. Once she is in the country on a H4, she can remain as long as the visa or I-94 is valid unless you get divorced after which you can notify USCIS about it. Still, she can choose to remain illegally or change to some other status.

5. Is your kid a USC? She cannot just disappear with the kid. It ain't that easy here.

6. You can notify USCIS only after a divorce that she is not your dependent.

7. Not unless you get arrested and convicted or if you have any other illegal acts against you.

8. Not if you have already applied for her I485. If not, possible.
8a. Not as long as you are in H status.

8. U visas are not easily granted. There was a recent news article that talked about it.

http://www.latimes.com/news/printedition/california/la-me-crimevisa26-2009jan26,0,4468046.story

9. Personal opinion. If there is proven infidelity or openly accepted infidelity by your spouse, you are making a wasted attempt to save a marriage. It will not work out. AGain proven is the key word. Don't listen to hear-say from third parties.

Set 2:

1. H4 will be granted only until Sept 09. But it may work in your favor if it doesn't work out, if the H4 extension is not filed, she will fall out of status the H4 I-94 expires. But you cannot use this as a bait as that might constitute abuse.
2. Your choice.


Phew! That was a loooong post!

[sparkles]

WOW!
its not easy to accuse someone of domestic violence/abuse. Neighbours, friends, family, coworkers, your doctors, agrresive traits ...etc will be interviewed/evaulated. Get a lawyer when needed, women kinda had things in their favour most of the times untill recently when men started to realise their rights and ask for them. Its no more the days (atleast in america) where because the weak, dependent women say...its complimented by the law. They now get to the bottom of the situation and again a good lawyer... honest case and proof to back it up kinda works in your favor. If you can prove the extramarital affair, divorce is not very difficult and ofcourse she is at fault. (from what u say)
Good Luck!

[lifedisapponts]

hi

Hi wht should one do if they have evidence of extramarital affair wife is in India since past 2 years with the child who is a US citizen (born here and is visiting India on US Passport and the visa's are expired...)can someone guide me to a good attorney (prefreably Indian) who will be able to understand my view point (believing cultural background) and i have already posted earlier and did get a good feedback from some of my friends and trust me i tried everything to make this work out having minimum personal intrest have gone through all kind of accusations right from my wife accusing me of being incapable ,had threats of saying would file case against me for domestic violence tooo everything and had to just shut up due to couple of reasons but i am tired of leading this pretentious life ...i have come to a conclusion that it would be better for me to break this artificial relation so that i can have some peace not to mention its also affected my health ....
Pls can some one guide or suggest a good divorce attorney ...i would really be thankful for this favour...
Amen

WOW!
its not easy to accuse someone of domestic violence/abuse. Neighbours, friends, family, coworkers, your doctors, agrresive traits ...etc will be interviewed/evaulated. Get a lawyer when needed, women kinda had things in their favour most of the times untill recently when men started to realise their rights and ask for them. Its no more the days (atleast in america) where because the weak, dependent women say...its complimented by the law. They now get to the bottom of the situation and again a good lawyer... honest case and proof to back it up kinda works in your favor. If you can prove the extramarital affair, divorce is not very difficult and ofcourse she is at fault. (from what u say)
Good Luck!

[txh1b]

There is no "good" divorce attorney . You have to talk to a few from the yellow pages and decide who would serve you the best.