Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Sep 2011
    Posts
    9

    Default U.S. Divorce Laws for H1B Holder and H4 Spouse

    My question involves a marriage in the state of: Texas


    Hello:

    Here’s the situation. My cousin is in the US (Dallas, TX) on a valid H-1B visa. He is married and has a 2 year old son. However, the couple has a very strained relationship for quite some time. His wife (she has the H-4 or dependent visa) is extremely aggressive and very quarrelsome. She also had an affair for a few months. My cousin had to suffer personal and professional losses due to all this for the last few years. He is fed up and is very disturbed right now. Needless to mention, we all are very worried about him.

    My cousin’s wife is in India right now and my cousin is also planning to go to India to visit his family very soon. However, he doesn’t think this relationship will last. In fact, his wife has threatened to divorce him multiple times.

    I have 2 questions:

    My cousin’s H-1B visa is up for renewal. Is there a way he can prevent his wife from going to the US? (her visa has also expired).

    Also, can his wife still file a divorce case against him in a US court if she is in India and he is in the US?

    Any guidance you can provide would be greatly appreciated.

    Also, let us know if there are any online or other legal resources he/we can refer to in this extremely troublesome situation.

    Thanks so much.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: A Very Disturbed Relationship Potentially Heading to Divorce

    Quote Quoting Brynt786
    View Post
    My cousin’s H-1B visa is up for renewal. Is there a way he can prevent his wife from going to the US? (her visa has also expired).
    He can quit his job and go home.
    Quote Quoting Brynt786
    Also, can his wife still file a divorce case against him in a US court if she is in India and he is in the US?
    Yes, but she wouldn't be able to successfully prosecute the divorce from outside of the U.S. unless he cooperated with the process and appeared for mandatory court hearings.

  3. #3
    Join Date
    Sep 2011
    Posts
    9

    Default Re: A Very Disturbed Relationship Potentially Heading to Divorce

    Thank you so much, sir. Few more questions:

    -- My cousin has all her papers, etc. Can't he prevent her from coming back to the US?

    -- He only intends to divorce her in India, not the US. Is this possible?

    -- Finally, my cousin has lots of evidence (audio/video tapes, etc.) where his wife literally fought with him, even punched him (I’ve been witness to this once (it was tragic for me as a woman to see all of this) and he was still very quiet as usual) and later confessed it to him and her family. Would audio tapes also count as an evidence? The thing is : My cousin is absolutely willing to support his son (financially or otherwise; he even wants to raise him) but does not want to give a dime to his wife after such a horrible marriage. Is this possible?

    Thanks once again.

    1. Sponsored Links
       

Similar Threads

  1. Marriage: Green Card Holder's Spouse Entering Us with B2 Visa
    By jlow in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 01-13-2011, 09:58 AM
  2. Marriage: I130 for Spouse of Green Card Holder
    By Aleo656 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 07-30-2010, 02:18 AM
  3. Marriage: Visa Holder Getting Married - How To Bring Spouse Into The U.S.
    By pleaseadvice in forum Visas for Business, Tourism and Family
    Replies: 9
    Last Post: 06-07-2007, 08:14 PM
  4. Divorce: Can A Tourist Visa Holder Obtain A Divorce In The USA
    By MistymeC in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 04-30-2007, 06:06 AM
  5. Removal (Deportation) and Reentry: Will spouse (Green card holder) be deported too because of wife's deportation?
    By rinku in forum Immigration Issues
    Replies: 4
    Last Post: 07-29-2006, 12:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources