Legal Question in Immigration Law in New York

Divorce status & Immigration

Hi, My husband files for divorce in newyork supreme courts kings county in jan 2008, it was uncontested by me, i came back to india in april 2008, my divorce status shows case disposed and disposition deadline is may 2009. I received a notice of entry sayins marriage dissolved in may 2008. Pls help me ? would like to know whether this is the final decree or i can still contest the case , as the disposition deadline says may 2009and case status shows: active. I checked it on web civil cases on internet. I am on h4 spouse visa? my visa is valid till june 2009, can i come to newyork .Please help? Thank you


Asked on 1/16/09, 11:46 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce status & Immigration

As per facts mentioned by you, the divorce is not final yet. You should be able to visit USA to contest your divorce.

If they do not allow you entry on H4, you may seek entry on B-1/B-2 for the purposes of contesting divorce.

The divorce by NY court, even if final, is not applicable in India and may also be challenged there.

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Answered on 1/17/09, 9:23 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce status & Immigration

Hello.

You can still contest but first of all you may contact a local attorney in NY, U.S.A.

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Answered on 1/17/09, 12:31 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Divorce status & Immigration

yes, in case the status is active, then it means u can contest the case. u may contact your lawyer there an file the motion. you may discuss your lawyer in u.s. if he suggests, file another case in india, may be for restitution of conjugal rights if it benefits in obtaining stay there.

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Answered on 1/17/09, 5:24 am


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