|
Married In India - Divorce In US?
|
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.
Have a question? Click here...
|
|
Divorce And Much More
 Santhi asks,
I heard about a law that if you are married in India, you are not allowed to get divorced in another country. Is it true? I am a US citizen now. I want to come back to India and he is holding my son as leverage. I don't know what to do? And also I have a bond during wedding, which my parents gave. He is not returning that. If I go back to India how should I pay tax on the alimony?
 Dear Santhi,
There is no such law that if a person is married in India he / she is not allowed divorce in another country. Indian laws concerning marriages and divorces and the Civil Procedure Code, which is applicable to Indian courts provide that a person can seek divorce in an Indian court in whose jurisdiction marriage is performed or both the parties after marriage have lived together or where the respondent at the time of filing of the petition is residing.
As against this a USA courts assumes jurisdiction and grants divorce if the petitioner has been residing in his jurisdiction for a minimum prescribed period, which varies from state to state. USA courts assumes jurisdiction even if the marriage is not performed in USA or both the parties have not resided in USA or the respondent has not even stepped her / his foot on USA soil.
Some courts in India have pronounced that divorces granted in the US courts are not binding upon Indians. But this is a controversial issue and if a person residing in USA obtains a divorce in USA courts and remarries in USA there is nothing, which his / her spouse residing in India could do about it.
As regards your other queries you have not stated complete facts, I am therefore unable to provide you any answers to them.
Delay In Visa
Armando Sediles asks,
I am a US citizen, and got married in Syria, September 06. I came back to the USA, and filed I-130 on October 16, 2007, for my wife. Still I haven't received 20 days notice. Would they send it according to the date it was sent, and would this petition be a priority?
Dear Armando Sediles,
At times Service Centres in USA are over worked and hence the delay in sending the notice. You should send them a reminder. It would also be advisable that you file a K-3 visa petition, which would be processed quickly, and your wife will be in a position to join you quickly. Once in USA on K-3 visa she will be permitted to stay in USA and can even work or study there. When the petition filed by you for her immigrant visa is approved, she can adjust her status.
Work Visa
Komal Khera asks,
My husband and I both are HR professionals with 2 and 4 years experience respectively. We are looking for a contract (6 months - 1 year) job in USA. Kindly let us know how we can apply for the jobs there, or get sponsorship from any company. What visa would be best for us? Shall we apply for H-1B?
Dear Komal Khera,
There are several websites, which assist professionals in procuring jobs in USA. You and your husband would need H-1B visa on which you both would be in a position to stay in USA for an aggregate period of 6 years and if you desire also obtain green cards. If either of you is successful in procuring a job in USA and receive an H-1B visa, the other would be in a position to travel there on dependant H-4 visa and once in USA he / she can find a job and convert his / her H-4 visa to H-1B visa.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ask our Experts :
Personality Development, Immigration (US), Tarot, Hot Couture, Face Value, Matrimonial Laws, Infertility, Life, etc, Gender Wars, Shaping Up. |
|
 |
|
Copyright © 1999-2009 shaaditimes.com - A relationship and Indian wedding portal by Shaadi.com. - All Rights Reserved.
All trademarks, logos and names are properties of their respective owners.
|
