Legal Question in Family Law in Kansas

US citizen married in India

During a trip to India I met and married a woman Feb/2002. I had to leave 9 days later but I filed for a K-3 visa for her here in USA. She came to USA recently. Now she is waiting for the green card. Our relatioship is rocky from the start and I now realize that she married me for green card only.

What are the laws governing divorce in such cases. She lives with me and I would like to settle it in a more amicable manner. Is it possible to do it here in Kansas or I will have to go back to India? We don't have any children. How do I protect myself from financial obligations.

Thanks.


Asked on 1/27/03, 5:07 pm

2 Answers from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: US citizen married in India

I suggest you get some referrals to legal counsel who specialize in international law. Perhaps the INS might be of assistance.

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Answered on 1/27/03, 8:20 pm
Mark Reiter

Re: US citizen married in India

Has your wife filed her I-751 petition? If so, what evidence did she attach to the I-751 that the marriage was not entered into for the purpose of evading US immigration laws? Did you sign the I-751? If she hasn't filed an I-751, her K-3 will expire after two years. As far as the marriage is concerned, if you can show that she entered into the marriage only to obtain residency in the U.S. you can have the marriage annulled as fraudulent, rather than proceeding with a divorce. If the marriage is annulled it is as if the two of you were never married; however, proving the elements necessary for annullment is more difficult than simply obtaining a divorce. If you live near the Kansas City area and would like further representation in this matter, feel free to give me a call. Best of luck with your situation.

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Answered on 1/28/03, 9:29 am


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