Divorce and Immigration Laws

[rajjuthani]

Hello,

A friend of mine who is a US citizen recently got married to a young lady in India. She came on a marriage visa a month ago, but now it looks like the two will divorce. The marriage was registered in India. Do we need to file the divorce there as well? We are worried she might try to stay in the US via an H1 visa or something ... any advice?

Thank you.

[Sky Clipper]

Why are you "worried"?

Firstly, the Divorce proceedings will be preceeded by separation proceedings. During that time, Divorce will have to be filed for in India too because as per Indian law, the couple is married. The US courts do not have any ruling above the Indian Marriage Act. Divorce can only be obtained/validated in India.

Secondly, why should you worry about what the spouse does. Yes, she can easily stay in the US if she gets her status converted. Ofcourse, she can not get her GC based on the Marriage, but a new process of H-1 can be started if she meets the requirements of an H-1, she may have to prove that the intent of this particular marriage was not to obtain fraudulent US Immigration. But, she can always have changed her mind.

IMHO
/sc

[jenniferjeffries]

separation proceedings

If two people were married in India and one lives in the USA and is here on an H1B Visa and the other lives in India; Does the US petitioner have to be present to file for separation proceedings in India?