Legal Question in Immigration Law in Illinois

battered spouse of US citizen

I am a battered spouse of US citizen who married me 2.5 years back. he has left for US (I am in india) after marriage he never returned . He sends me divorce papers using Indian legal system of muslim personal law which allows the person to do so unilaterally incidentlly I was not home so papers were not received. assuming the divorce papers as did not reach me or was not communicated the divorce is inactive in this situation can I still apply for immigration benefits and how shall I go about it I live in mahrashtra but willing to travel to Delhi reach embassy and file the case. what do I do.please hel- me with immigration lawyer as soon as possible I don't have much time .


Asked on 6/04/02, 5:53 am

2 Answers from Attorneys
Scott Beller Scoot M. Beller & Associates

Re: battered spouse of US citizen

I believe that in order to qualify for benefits as a batterred spouse, it would be necessary:

1) to be residing in the US

2) still married to the US citizen. I believe both of these requirements are missing in your case. I know you believe the divorce was not properly done, but I believe unless the divorce decreee were somehow overturned you are considered divorced. In any event, you still would have the problem of lack of residence in the US. I cannot help you. GOod luck.

Read more
Answered on 6/04/02, 11:00 am
Ramaswami Natarajan Ramaswami & Associates

Re: battered spouse of US citizen

Please reply immediately to me where he has filed the divorce application and where he is residing. Also let me have your full details for me to respond to you immediately.

Thank you,

N. Ramaswami

Read more
Answered on 6/04/02, 8:32 am


Related Questions & Answers

More Immigration Law questions and answers in Illinois