H4 and divorce

[madhurao]

Hello,

I'm came to the US in Feb 2008 on H4 visa.
My husband is working for an American company in the US.

We got married in Nov 2007 in India and do not have kids.

Of late, we are not getting along together and we thought of a divorce.

My questions are:

1) Where should I divorce him - in the US or in India ?
2) If I divorce in the US, what are the problems that I have to face ?
3) What will the status of my H4 visa be ?
4) What should I do to work in the US ? I know, I have to apply for H1 visa in March 2009 but apart from this, is there any option ?
5) If I divorce in the US, do I have to leave US immediately ?
6) What are the rules of a divorce in the US ?
7) How much will the attorney charge for a divorce ?
8) Does my husband and I need to have two seperate attorneys ?
9) On what ground should I seek divorce so that the process becomes faster ?

I'm really tensed. Please answer my questions.

[madhurao]

Senior member, could you answer my questions ?
Thanks.

[DMX17]

I guess you and your husband should go back to India, setltle the divorce there, you stay there in India (as H4 loses the H1 ground as you are no longer a dependent), your then-ex-husband comes back on H1 and resumes the job.

If you get a divorce here in the U.S., you will become out of status if you do not leave or change to some other status. To work, H1 is probably the only option assuming you qualify. The L1 option is only available if you worked for some company outside the U.S., and they file an L1 (intra-company transferee) petition, and it gets approved.

[knowledgeable]

Isn't it possible ...

... for the H1B spouse to give a power of attorney to the H4 divorce seeking person?

That way H4 person goes to India with the document, gets the divorce in the absence of the spouse, thereby losing the H4 status.

Now gets a new H1B returns to the United States and starts work and life fresh.

Isn't this possible? As per my limited knowledge of Indian Family Act laws, this is doable.

Of course, it does fall into the sub categories of the race & religion of the persons.

[knowledgeable]

Here's something I got ...

Now what you do as you both are interested in going for divorce by mutual consent approach the family court were your husband has filled the divorce petition & firstly let him withdraw that petition & then both of you fill joint petition for divorce by mutual consent under section13-B of the Hindu Marriage Act,1955, also mention in that petition the full facts about your separate staying for such a long period of time & that there is no chance of any compromise between you two to live together any more. You also mention that since you have to go out of country for employment it won't be able for you to appear in person on the next date of final hearing fixed by the Hon'ble Family court any time after six months as the said time period is compulsorily provided in the provision of section 13-B of the HMA,& you should be allowed to be represent by your advocate on your behalf on the said date & you have no intentions what so ever to withdraw/revoke your consent for such divorce any time in future. Also file an application under section 151 of the civil procedure code regarding this request along with your individual affidavit attached therewith. On the basis of the special circumstances the family court will allow the withdrawal of the divorce petition filled by your husband & will admit your joint application for divorce by mutual consent & exempt you from personal presence & represented by you advocate named in your application for the next date of hearing after six months when a final order for divorce will be announced in presence of your advocate. The family courts are bound by the civil procedure codes & section 151 of the said code gives them wide inherent powers to pass any order in the interest of justice, so shall be in your case too. The certified copy of the decree of divorce you can get through your advocate & use it as you wish in future.

[txh1b]

First of all, try to involve elders, mutual friends and seek a resolution than take a hasty decision. Try a family counselor. It might sound good now but when the reality strikes, the scene is different. Again, I don't know much about the situation you are in.

1. Can be in US or India. Better in the place where you married. Read this thread.

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

2. You become out of status the day divorce decree is final.
3. Nothing. You are out of status and need to leave immediately.
4. No options other than what DMX mentions or by marriage.
5. Yes
6. Rules depend on the state of residence. Some states require the couple to be separate for 6 months and some don't. They differ.
7. Simple mutual consent divorce without children/property can be done by yourself. An attorney will chare at the least $1000 for simple cases.
8. In your best interest, yes.
9. Depends on your state laws.

[h1bdesire]

well if you want to give yr husband a hard time then file for divorce in India.If it is a mutual decision then why don't you just just linger on the whole thing and wait for few months till u r through with yr own H1b.

[SnigdhaL]

[B] Please reply ASAP.... Can my Spouse revoke my h4 after divore? [B]

[B]
Hi,

Hope you are doing good,

Currently I'm on H4, I'm dependent to my Spouse, Spouse is on H1, me and my Spouse applied for divorce in India.

1. Can my Spouse revoke my H4?

2. How USCIS come to know that we both got divorced?

3. What is the grace period to leave the country?

4. I applied for H1 on April 2017 It got picked in the lottery and waiting for the approval can i stay legally after getting the approval or should I leave the country?

5. My I-94 is valid till 2019 can I stay till 2019 or I should leave the country?

Thanks
[B]

[NettieL]

[B]
Hi,

Hope you are doing good,

Currently I'm on H4, I'm dependent to my Spouse, Spouse is on H1, me and my Spouse applied for divorce in India.

1. Can my Spouse revoke my H4?

2. How USCIS come to know that we both got divorced?

3. What is the grace period to leave the country?

4. I applied for H1 on April 2017 It got picked in the lottery and waiting for the approval can i stay legally after getting the approval or should I leave the country?

5. My I-94 is valid till 2019 can I stay till 2019 or I should leave the country?

Thanks
[B]

Your husband doesn't have control over your status. Since you are in the US, US law applies, not Indian law.

Please do not think about leaving the country until you have gotten the right advice. I think there is a way for you to stay, but I'm not sure what the answer is.

Hopefully someone else gives you an answer soon. Otherwise, start a new thread, because this one is 9 years old. The old posts give very bad advice and contain posts from "banned" members.

Best of luck.