Legal Question in Family Law in California

Divorce H1 & H4

My wife walked out of our house with the 3 month old baby and with her mother. I have called & written to her so amny times but she wants the divorce. She is completely inflenced by her parents. Now they are asking for out of court settlement. I am here in US on H1 and living here for last 1 year. She is on H4. Finally I decided to move to India and to be with my parents for their mental support. I have decided to file for dicorce here in India based on the cruelty ground. The girl father has been threatening my parent and asking very unreasonable amount to settle matter out of court. I have already provided her temporary support to her and baby and now she filed a divorce here in US. I have already provided all the necessary documentation for baby visa and flight ticket money. I have decided to live in India and cancel my H1 immediately. How can I force her to come to India? I am assuming once my H1 gets cancelled then her H4 should cancel too. Do I have to inform US INS to deport her since she do not have the legal status to live there. Since I have filed the divorce in India first and got the summon dilevered to her before she filed the divorce here in US. The reason she don't want to go India because she CAN'T COME TO US.


Asked on 1/27/09, 4:05 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Divorce H1 & H4

You must response to her divorce in USA otherwise she would get default judgment. If you want to cancel her H4...you need to write to INS but coming back to the US and fight the case here would be a better alternative than letting your H1b elapse.

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Answered on 1/28/09, 9:27 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce H1 & H4

You may inform the ICE and BICS (formerly INS)about your status and also that of your wife after you leave your US job and cancel H-1.

The divorce petition filed by your wife in USA is not maintainable and the divorce decree, if granted by USA court, will not be binding upon you in India.

However, she may file a case of domestic violence in USA and may obtain a green card on the ground of cruelty even if you surrender your H-1 and apply for cancellation of her H-4.

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Answered on 1/27/09, 5:48 pm


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