sunny1000
12-14 12:15 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
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bbct
02-11 09:17 PM
A good article supporting a sensible plan.
One minor correction however.
"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."
The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.
There was a contact number to the right on this article
http://www.thedegreepeople.com/press-releases/a-proposed-solution-to-the-american-mortgage-crisis/
I called them and asked if they can correct the number to $16 billion. Hopefully they will do it!
One minor correction however.
"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."
The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.
There was a contact number to the right on this article
http://www.thedegreepeople.com/press-releases/a-proposed-solution-to-the-american-mortgage-crisis/
I called them and asked if they can correct the number to $16 billion. Hopefully they will do it!
bestofall
07-28 04:28 PM
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Alabaman
10-05 05:49 AM
The entry for the DV 2008 (aka Visa Lottery) commenced yesterday and would run until noon of Dec. 3. While some countries like India and China are not eligible to participate, it is important to point out some changes that might be indicative of what would happen per current immigration legislations.
In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.
Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.
In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.
Goodluck.
In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.
Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.
In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.
Goodluck.
more...
GCBy3000
08-03 10:50 PM
They would not have received even one application on 7/1 as this is sunday.
What about I-131. That is 7/1/2007. Its confusing
What about I-131. That is 7/1/2007. Its confusing
NKR
06-09 01:12 PM
His PD is sep 2003 which became current in April.. so it took him just over 2 months to get final approval.
That's encouraging, thanks for the info
That's encouraging, thanks for the info
more...
GCmuddu_H1BVaddu
05-20 10:46 AM
I have completed. :)
Thanks for the link...Btw are you taking the same class...:)
Thanks for the link...Btw are you taking the same class...:)
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sanju
08-02 01:30 PM
People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.
more...
crazylad
05-10 08:17 AM
My H1 sponsor informed me that the check he submitted along with my application on was encashed on Wednesday 5/7 - Non-masters non-premium processing:)
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arukala
01-30 12:33 AM
Thank You so much TwinkleM for your answers
-Ravi
-Ravi
more...
eb_retrogession
03-26 08:02 PM
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We have received very critical remarks from certain journalists about offensive messages sent by writers referencing Immigration Voice. IV has a dedicated media relations team that responds to relevant articles, as appropriate and ONLY such responses will be considered official communications from IV. If you want to join the effort, please send a note to sunil@immigrationvoice.org and your help would be a welcome.
However, we request that any personal responses, especially with offensive language, not to reference IV that will show us in a bad light.
Thank You for your understanding.
We have received very critical remarks from certain journalists about offensive messages sent by writers referencing Immigration Voice. IV has a dedicated media relations team that responds to relevant articles, as appropriate and ONLY such responses will be considered official communications from IV. If you want to join the effort, please send a note to sunil@immigrationvoice.org and your help would be a welcome.
However, we request that any personal responses, especially with offensive language, not to reference IV that will show us in a bad light.
Thank You for your understanding.
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indyanguy
01-13 12:01 PM
Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.
Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.
Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?
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looivy
03-19 03:33 PM
Can a legal expert provide advice as to whether I can use EAD/AP to get in?
Bump
Bump
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sdrblr
09-09 10:21 AM
I had the similar mail "Welcome" and no CPO email or status. I got the "Official" welcome letter:D yesterday. The letter said welcome and card will be sent with in 3 weeks. I know couple of guys who go the card in a week. Waiting for the card today :)
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Bharam
06-06 09:19 AM
Fellow IVians,
Contributed $200 for the cause.
Wish you all the best
Contributed $200 for the cause.
Wish you all the best
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rampaadh@hotmail.com
05-18 08:08 PM
can you please give me the link? I searched Murthy's site, but could not find the link.
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
more...
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admin
02-12 09:19 AM
sundar99,
That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.
As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.
That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.
As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.
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iam4u4ever
06-04 06:02 PM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?
what should i do if at the time of actual AOS ( The day they adjudicate my case ) I am working for another company since the actual sponsoring company is closed down ?
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GreenMe
01-21 01:47 PM
My wife and I work for Consulting firm. We both had to travel to India for Visa Stamping.
My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.
My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.
I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.
At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.
My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.
So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.
My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.
My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.
I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.
At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.
My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.
So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.
smuggymba
10-08 05:40 PM
i sent u PM.
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
desi485
03-24 03:12 PM
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
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