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  • Divorce Question..

    Hi,
    My wife and I got married in India 4 years ago and she came to the US on H4. I received my Greencard (Eb2) last year and my wife got it as dependent . She is now seeking a divorce. We are planning to file for the divorce in India (as we got married there and it is convinient for us). Couple of questions.
    1. Once the divorce comes through in the Indian courts, do I need to also apply for a divorce in the USA? Or is there a procedure to register my divorce in the USA?
    2. Because my wife got a dependent Greencard (I was the primary), apart from any divorce settlement, am I responsible for her support if she lives in the USA using her Greencard? In other words, because she got her greencard through my application as a dependent, am I legally obligated to support her for any length of time? I did read somewhere about a timeframe of 10 years of support but I dont know if this applies to my situation..

    Any help would be appreciated...

  • #2
    1. No
    2. No. Make sure you mention that in the settlement and order that you are not responsible for any expenses or support after the divorce is granted.

    This thread should give you some additional info. But the scenario is opposite in your case.

    Last edited by txh1b; 05-12-2011, 11:56 AM.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Originally posted by txh1b View Post
      1. No
      2. No. Make sure you mention that in the settlement and order that you are not responsible for any expenses or support after the divorce is granted.
      As for question 1. . So if I don't have to apply for a divorce in the US, how do I register the fact that I am not married to my ex anymore?

      As for question 2. Thank you. I was thinking about USCIS form I-864 (affidavit of support). Seems like only US-Citizens would have filled out that form..

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      • #4
        Originally posted by speedwheels View Post
        As for question 1. . So if I don't have to apply for a divorce in the US, how do I register the fact that I am not married to my ex anymore?

        As for question 2. Thank you. I was thinking about USCIS form I-864 (affidavit of support). Seems like only US-Citizens would have filled out that form..
        1. No special registration needed. Your final divorce decree from the indian court can be produced to prove your case in the future for visa or immigration purpose.

        2. Yep. I864 applies to GC based on family based immigration.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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