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Will my USA immigration be effected because of the Divorce Complaint filed by husband

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  • Will my USA immigration be effected because of the Divorce Complaint filed by husband

    I got married to a Software Engineer working in USA on H1 B visa. Marriage was solemnized in India. Soon after 1 week of marriage, he flew back to USA promising that he’ll send documents for my H4 Visa. But he never done that. He and his family in India are harrasing me since 10 months and threatening me for divorce for which I never agreed . I filed Domestic Violence Case against my husband and his family which is ongoing now in India.In order to escape from the case and to get rid of me easily, he has filed for Divorce in USA by putting all false allegations on me. I was literally cheated by him and financially I am not in a position to defend the case in USA Court.Taking this as an advantage, he’s proceeding further.

    I was told that though I defend or not, judgement is going to be in favour of him as per USA Divorce law.
    In the divorce complaint, he has demanded for the following

    • Equitably distributing all assets, which were legally and beneficially acquired by the parties during the marriage with due regard to any dissipation
    • Counsel fees and costs
    • For such other relief including temporary relief as may be equitable and just.

    I have no properties acquired by me and I am unemployed right now.It is highly impossible for me to meet the above demands. I never travelled to USA before/after marriage

    My question is because of the divorce complaint filed by husband and for the above demands which I can never comply with will there be any negative record filed on my name that restricts my future immigration to USA ??

  • #2
    Originally posted by [email protected] View Post
    I got married to a Software Engineer working in USA on H1 B visa. Marriage was solemnized in India. Soon after 1 week of marriage, he flew back to USA promising that he’ll send documents for my H4 Visa. But he never done that. He and his family in India are harrasing me since 10 months and threatening me for divorce for which I never agreed . I filed Domestic Violence Case against my husband and his family which is ongoing now in India.In order to escape from the case and to get rid of me easily, he has filed for Divorce in USA by putting all false allegations on me. I was literally cheated by him and financially I am not in a position to defend the case in USA Court.Taking this as an advantage, he’s proceeding further.

    I was told that though I defend or not, judgement is going to be in favour of him as per USA Divorce law.
    In the divorce complaint, he has demanded for the following

    • Equitably distributing all assets, which were legally and beneficially acquired by the parties during the marriage with due regard to any dissipation
    • Counsel fees and costs
    • For such other relief including temporary relief as may be equitable and just.

    I have no properties acquired by me and I am unemployed right now.It is highly impossible for me to meet the above demands. I never travelled to USA before/after marriage

    My question is because of the divorce complaint filed by husband and for the above demands which I can never comply with will there be any negative record filed on my name that restricts my future immigration to USA ??



    Hi!
    So let me see if I understand it correctly:
    - You married your husband, who has a H-1B visa in India
    - He left for the US shortly after, and promised to get you the documentation to move to the US
    - Documentation never showed up
    - He is now filing for divorce, in the US
    - You are still in India

    Have you filed any paperwork in relation to this matter?
    Has he filed any paperwork to bring you to the US?

    To answer your question whether there will be any negative impact on your future immigration plans, it is hard to say. You will have to disclose any and all filings in the past for immigration. And if there is any paperwork filed, that will come up. But I don't want to scare you - that doesn't necessarily mean it is an automatic denial. The USCIS want to know exactly what happened and when before they make a decision - which they have every right to do.

    The divorce is a separate matter that could have a residual effect on your future. However, as long as it is done properly, and everything is documented and clear, you shouldn't have a problem. You will still need to disclose it when you want to migrate, but the divorce in itself is not a disqualifying factor.

    Good luck!
    --------------------------------------
    Arrived in the US in 1997 on a F1
    I-130 / I-485 / Medical / I-134 sent in 12/10/2014
    I-130 / I-485 / Medical / I-134 confirmation of receipt 12/14/2014
    Biometrics 01/15/2015
    I-131 approved 02/23/2015
    I-765 approved 02/23/2015
    EAD / Advanced parole card arrived 02/27/2015
    Interview 07/06/2015
    I-130 / I-485 approved 07/07/2015
    Welcome notice email 07/09/2015
    Welcome letter received 07/11/2015

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    • #3
      Originally posted by ruwi View Post
      Hi!
      So let me see if I understand it correctly:
      - You married your husband, who has a H-1B visa in India
      - He left for the US shortly after, and promised to get you the documentation to move to the US
      - Documentation never showed up
      - He is now filing for divorce, in the US
      - You are still in India

      Have you filed any paperwork in relation to this matter?
      Has he filed any paperwork to bring you to the US?

      To answer your question whether there will be any negative impact on your future immigration plans, it is hard to say. You will have to disclose any and all filings in the past for immigration. And if there is any paperwork filed, that will come up. But I don't want to scare you - that doesn't necessarily mean it is an automatic denial. The USCIS want to know exactly what happened and when before they make a decision - which they have every right to do.

      The divorce is a separate matter that could have a residual effect on your future. However, as long as it is done properly, and everything is documented and clear, you shouldn't have a problem. You will still need to disclose it when you want to migrate, but the divorce in itself is not a disqualifying factor.

      Good luck!
      Thank you for the reply Ruwi

      After marriage, I was left over in India and he flew back. From then he neither filed for my dependant visa nor provided my with required documents. So no paper work at all.

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