Legal Question in Immigration Law in Texas
Me and my husband are Indian citizens, and our 2 yr old son is a US citizen. My husband is on work visa in the US and I am on spousal visa.
We came to India for a family visit. My husband returned to US and left me and my son in India, and took our passports. We cannot return to US anymore. Now my husband is not responding to phone calls.
Qn 1: Will US consulate in India issue me a visa to return to US with my son and live separately from my husband. I will have to get a new Indian passport, and my son will have to get a new US passport.
Qn 2: If I get divorced and I get custody of our son, will my husband be required to pay for maintenance of our son based on US standards.
1 Answer from Attorneys
Hello:
If you are on a derivative work visa, as long as your husband is on the primary work visa, you should be able get the derivative visa. Just have your son get another passport.
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