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Can age be a barrier for love and marriage?
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Sudhir Shah
A Member of American Immigration Lawyers Association of USA and a practicing Lawyer of Mumbai. He is an expert on USA Immigration Laws. He provides guidance on how to prepare, apply and obtain a visa to travel to the USA upon marrying someone residing there.
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Christian marriage act
Kumar asks,
I am an Indian citizen who wants to get married to an American citizen in India. She is much older than me. I am just 20 years old and she is above 50. Can we get married through Christian marriage act? What are the rules required if she wants to marry me in India.
Dear Kumar,
The Consular officer will doubt your bonafide in marrying a woman 30 years older to you and you may find it difficult to receive an immigrant visa. Legally speaking you two can marry under Special Marriage Act in India.
Where do I file for a divorce?
Hima asks,
I am married in India. My husband and I are living in USA since 4 years. We have a 5-month-old baby. Things are not working between us and we want to get divorced. As our marriage is performed in India and not registered in USA, should we apply for a divorce in India or US? Where should we fight for the custody of our child in India or USA, as she is a US citizen?
Dear Hima,
As you both are residing in USA and your child too is born in USA, it will be proper if you apply for a divorce in USA and also resolve the question of custody of the child in those proceedings. It will be onerous for both of you if the proceedings are filed in India. Also it is a lengthy and prolonged litigation, Indian courts may also not be in a position to provide proper orders for your US citizen child.
Work permit
Deepika asks,
I am a student who is on F1 visa. My husband is currently a green card holder and has applied for his citizenship. Am I eligible for a GC / work permit now? If not now, when can I apply?
Dear Deepika,
If you are a green card holder and your husband sponsors you for an immigrant visa, it may take 5 years for the said petition to become current. During this period if your F-1 visa expires, you will have to travel back to India and wait till your petition becomes current and then you can travel to the USA on immigrant visa and receive green card there.
If during the pendency of such petition, your husband acquires US citizenship by naturalization, the said pending petition can be converted from Family 2nd A Preference category to an immediate relative category and in that event you will not be required to wait for availability of an immigrant visa since immigrant visa for "Immediate Relatives" are not restricted by quotas. If you marry a person after he becomes an US citizen then you will receive your immigrant visa and green card very soon.
Second marriage
Ghazal asks,
I am a divorcee and have my son's custody. If I get married to US national and want to move to the US with my son, will I be able to go with my son and live there with my second husband?
Dear Ghazal,
How do you have your son's custody? Is there a court order on that behalf? If yes, you may be in a position to take your son along with you to USA upon marrying a US national.
Filing for a divorce
Vaishali Maruti asks,
I am currently working in the US on L1 visa and my husband is also here in a different state on H1B visa. We have been living separately for more than one year and would now like to get divorced. I would like to get divorce in the US (I do not wish to trouble my parents in India). My husband on the other hand, is insisting on getting the divorce in India.
If I do file for a divorce here, I am not sure what he will do. He has made it clear that he wants the divorce in India, because apparently a US divorce is not valid in India. What are my options? Can I still serve him a petition here in the US? Is it possible to get my marriage in India nullified based on the divorce in the US or will the divorce in the US be nullified in India? Although it's a mutual consent case, without any hassles (like property or kids).
Dear Vaishali,
The reason why your husband is insisting on a divorce in India is that perhaps he may want to harass you thereby. Wiser course is that you apply for a divorce in USA itself. If the both the parties are in USA, and the respondent is properly served a US divorce may be binding in India.
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