[B]Epilepsy Wife -Divorce- HELP NEEDED IMMEDIATELY!!![/B]

[ind123]

My wife is Epileptic patient(FITS ) is from India, we got arranged (as per our Hindu culture) married in India sep 2008. First time I saw her was one day before the wedding. Not knowing her medical conditions we married and they lied and hided all the details. Since I work in USA for some years now, we have to travel and stay in USA.
She came in H4(dependent visa) and she got 4 Epilepsy Seizures(one she fell unconsciously bleeding heavily and took to emergency).
Later in a letter, doctor had strictly asked us not to plan for family and kids, as her blood level isn't safe and her medication will result in birth defects.

So after speaking to her and her relatives we have send her to India and was speaking about divorce. Their parents and relatives wanted her to send her back to USA, which I don't like and go through all this, wanted divorce from her.
Please HELP me with few queries
1. She has her visa valid till next month (in Feb), is there any way for her to stop coming to US, as I don't want to take responsibility on any mishappenings
2. On what grounds I need to file divorce ?
3. Should I need to file divorce here or in India
4. Her family members are threatening my parents to file a case against them and put them behind law. How to avoid this.
Hope this forum will apply my thought better to decide about the future.

Thanks,
Ind123

[ajaysharmlondon]

divorce

dude,

the only way for you to get out of this issue is to file a divorce in india. Collect her all medical records and file a case in india for fraud committed by her family. Once her visa expires, she would have to pack her back if you don't file her extension.
But once she is in india, she would file for DM or 498A against you and your family so be prepared to deal with it.
This is the sorry state of all the hard working people residing abroad so be prepared for it.
Take expert opinion and make sure you have full proof case.

Sorry to hear your situation but I am not surprised. People like you ask for it by jumping into the it.

Ajay

[h1bdesire]

check with some genuine lawyer first, as epilepsy [strangely so]is not considered a big disease to be formed a basis for filing a divorce..if anything can be mutually sorted out even with money ..that is the best thing.

[ind123]

Thanks for ur response, I appreciate ur immediate detailed reply.

Please let me know if you are a lawyer or can refer someone in India and Can you please let me know if the disclosure of the condition was not made
before marriage as in my case, which have affected me a lot

What are the proofs or evidence needed?
What are the terms for the divorce?

Thanks,
Ind123

[txh1b]

Getting a divorce in India will be difficult and a long process if it is not mutually sought out.

[ind123]

can divorse be done other than in india(i.eUSA)? for my case...will it be valid if i do it here

[txh1b]

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

Think about it well. I don't want to judge you by any means. Does a health condition warrant a divorce?

[abdsy81]

I am pretty sure you cannot file for a divorce in USA as both needs to be present in US court before the judge and have attorneys. I guess it also depends on your religion as in Muslims there are 2 steps. One is to get a divorce filed in the religious community center, once they approve it religiously (both participants needs to be present) they issue a certificate and then only you can enter the US court. I am not sure for any other religions. Secondly if the woman does not agree to accept divorce in front of the judge assuming you have to only go to court directly then you have bigger problems, proving the situation and mind you, can cost a lot of money over here. I think your best bet is to file in India, get it done and inform the USCIS by sending the divorce certificate and her H4 copy. The certificate needs to be attested by the state goverment in India before sending it to USCIS. Good Luck!

[txh1b]

I am pretty sure you cannot file for a divorce in USA as both needs to be present in US court before the judge and have attorneys.

That is not true. A divorce in US can be obtained by one party being present after due notice has been served to the other party involved. The other party could choose to waive personal appearance as well with a signed notarized affidavit.

[h1bdesire]

neither i'm a lawyer, nor i can suggest one, all i can tell u is even if you r able to get divorce in US, you still have to fght the case in india..it is a mess!
Even if you have epilepsy record that is not sufficient to be formed a basis for filing for a divorce in india as Indian law doesn't consider epilepsy to be a disesae or disease big enough to seek divorce...strange law but that is a fact.
try to mutually sort it out.

[mee0088]

I think you are being mean. We are human beings and we get all sort of diseases and disorders. Epilepsy is a brain disorder and it can be CURED. Its not that she's got AIDS. And anybody can get epilepsy at any age.... she might have got it after marriage. If at all you get a disease when you get old, how would you feel if your wife left you because of that?.. If she's been a good wife till now I don't think you should divorce her. If she's not a good wife then I dont think there's any point in saving the marriage.

[preeti134]

Sharing

Its sad to hear your case. Completely empathize with what happened.

I am sure you would have been divorced by now. I am an epileptic too and dont agree with what the girls'parents did before marriage. The girl is also at fault. She should nt have hidden it from you.

I plan not to hide it from my would be . All the best to you!

My wife is Epileptic patient(FITS ) is from India, we got arranged (as per our Hindu culture) married in India sep 2008. First time I saw her was one day before the wedding. Not knowing her medical conditions we married and they lied and hided all the details. Since I work in USA for some years now, we have to travel and stay in USA.
She came in H4(dependent visa) and she got 4 Epilepsy Seizures(one she fell unconsciously bleeding heavily and took to emergency).
Later in a letter, doctor had strictly asked us not to plan for family and kids, as her blood level isn't safe and her medication will result in birth defects.

So after speaking to her and her relatives we have send her to India and was speaking about divorce. Their parents and relatives wanted her to send her back to USA, which I don't like and go through all this, wanted divorce from her.
Please HELP me with few queries
1. She has her visa valid till next month (in Feb), is there any way for her to stop coming to US, as I don't want to take responsibility on any mishappenings
2. On what grounds I need to file divorce ?
3. Should I need to file divorce here or in India
4. Her family members are threatening my parents to file a case against them and put them behind law. How to avoid this.
Hope this forum will apply my thought better to decide about the future.

Thanks,
Ind123