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  • Fraud by husband

    Hi,
    I came in USA on H4 visa. Got married in FEB 2017 in India and came in USA on March 2017. When I came here I came to know that my husband is suffering with psychological problems, psrioasis from many year before our marriage.

    Then I told my parents about this and they thought to do settlement in india and get divorce in US. As i dont want to go India.They got agree with all the things that they will return our gold and marriage expense.

    BUT after a week I got summons from court in NEW YORK that I am threatening him, my family asking money, I was forcing my husband's to spend on me, my intention was only to get visa in US & such allegations are made by his family though I came from his house 1 month back and was living with my sister.

    They are demanding to get our marriage null and void. Under this condition they are assuming that I will surely say that his medical problems were not told to me before marriage so the courts decision would automatically come in their favour.

    I am confused that my husband is in NEW jersey where he filed case on me. And m living in New York from last few days then can I transfer my case to New York court Becoz I can't afford. If yes, then where I can I do. If I hire any govt lawyer for my case. , will they handle my case dedicatedly ?

    What possible solutions that I can defend to prove myself.

    Am i be eligible for U visa ? And what would be the process.

  • #2
    He committed a fraud by not informing you his problems. Easy to get marriage annulled.
    Why would you want to commit fraud by wanting to stay in USA? (illegally or legally)

    Did he do anything wrong after getting you to USA?
    What if this had happened to you with some person in India itself?
    Would you have stayed in and around his residence or gone back to your parents place or may be where your career took you?

    If you really want to stay here, ask him to sign papers (via an attorney) that gives you valid visa while you take divorce/annulment.

    Fraud has happened, now it cannot be changed. You can demand punishment but unfortunately laws here do not go by reason of divorce/annulment.
    Instead of going the punishment route, you should use this in a manner that can benefit you (by getting valid permit to stay - if really possible).

    Comment


    • #3
      Originally posted by qwer1234 View Post
      He committed a fraud by not informing you his problems. Easy to get marriage annulled.
      Why would you want to commit fraud by wanting to stay in USA? (illegally or legally)

      Did he do anything wrong after getting you to USA?
      What if this had happened to you with some person in India itself?
      Would you have stayed in and around his residence or gone back to your parents place or may be where your career took you?

      If you really want to stay here, ask him to sign papers (via an attorney) that gives you valid visa while you take divorce/annulment.

      Fraud has happened, now it cannot be changed. You can demand punishment but unfortunately laws here do not go by reason of divorce/annulment.
      Instead of going the punishment route, you should use this in a manner that can benefit you (by getting valid permit to stay - if really possible).
      Marriage annulment and proof of deceit may get compensation, alimony, maintenance, but I doubt it can get one a valid visa status, stay permission and or validity to work to in US. Better work with an attorney to determine your best options.

      This is my opinion not legal advice.

      Comment

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