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Dowry case can nullify H-1B status
Mamta asks,
I have been married since 4 months, and I am on H-4 visa. I am facing problems in my marriage. I am planning to file charges against my husband and his family in India on the basis of dowry, mental and physical torture. I want to know:
- Will this case filed in India affect my husband's H-IB status, as I want his H-IB to be cancelled?
- He has filed for permanent immigration to Canada that is expected by December. Will these criminal proceedings have any effect on his PR?
- He has also updated my name in PR of Canada. If in case the PR comes in December and the divorce is yet to be granted, will I be eligible for that or can my husband cancel my name submitted for the application?
- If his H-IB gets revoked (definitely my H-4 will automatically get cancelled), do I have an option to stay in the US?
- Can I file charges in America against my husband, of physical and mental abuse? I don't have enough money for legal proceedings. Will I get help?
Dear Mamta,
It is more fruitful to take action against your spouse in the US itself. You can call the local police nearest to your residential area and explain them your problems. They will take immediate actions. Your husband's H-1 visa may also get cancelled. This may also affect his application for permanent immigration to Canada. In India too, you can file the complaint and take actions against your husband and in-laws. If you are maltreated, and want to take a legal action against your husband, then be prepared to return to India, since your H-4 status in the USA is dependent upon your husband's H-1 status. Similarly, if you are named in the PR petition of Canada your husband can withdraw his support and drop your name from there.
Tourist visa or permanent visa
Nipun Sabharwal asks,
I am an Indian national married to Lithuanian citizen. Our marriage was solemnized as religious marriage and I have already applied for the registration of my marriage under the social marriage act. Although I had submitted all the papers and invitation to the Indian embassy for granting an entry visa for my wife, they gave her a tourist visa for 6 months. I wish to know what kind of visa do we need to apply so that she can get residence permit along with work permit in India?
Dear Nipun Sabharwal,
You must approach the Indian Embassy in Lithuania and have the visa rectified. Further, inform them that she is your wife and that she will stay with you permanently in India.
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