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H4 - divorce related - 498A

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  • H4 - divorce related - 498A

    Hi
    I have been on H1B for the past 4 years. I got married two years back (May 2007) and we were blessed with a kid in May 2008. Then my wife and I started having some major issues, and she decided to stay away from me and went to India along with my son. Her H4 visa got expired in September 2008, and I didn't renew it when I reapplied for my second term of H1, since I decided that the differences were too wide to resolve at this stage. It was painful at that time, but since I had suffered enough through her, I had to take that decision.
    Now she has filed 498A against my parents, and also threatened to come here, to stay with me. I am yet to file divorce in India. I was waiting for a while to convince her so that we can apply for divorce with mutual consent, but so far she hasn't agreed for that. I am soon planning to apply for divorce on my own (in India).
    My questions are:
    1. She doesn't have a H4. I haven't sent my paystubs or an invitation letter or the new H1 approval letter. Can she even apply for H4?
    2. If she doesn't get H4, and if she manages to come through another visa (tourist), am I obliged to accept her into my apartment, or can I inform INS, police at that time.
    3. Should I inform INS (or any one else) now itself, that she is trying to come here?

    Any help is appreciated. Thanks in advance.

  • #2
    If she is not on the lease and you pay the rent, you are not obliged to accept her into your apartment even if she holds valid H-4 status. What is 498A?

    Originally posted by ketnav View Post
    2. If she doesn't get H4, and if she manages to come through another visa (tourist), am I obliged to accept her into my apartment, or can I inform INS, police at that time.
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

    Comment


    • #3
      Re: H4 - divorce related

      Thanks for the reply.
      She is not on the lease in the apartment where I am currently staying, and I have been the only rent payer.
      498A is a law in India, originally introduced prevent dowry related abuse. But sometimes abused by the wife to take revenge against her husband and/or his family. You can read more about the abuse of this law in the site, 498 dot org.

      Originally posted by Triple Citizen View Post
      If she is not on the lease and you pay the rent, you are not obliged to accept her into your apartment even if she holds valid H-4 status. What is 498A?

      Comment


      • #4
        Originally posted by ketnav View Post
        Hi
        I have been on H1B for the past 4 years. I got married two years back (May 2007) and we were blessed with a kid in May 2008. Then my wife and I started having some major issues, and she decided to stay away from me and went to India along with my son. Her H4 visa got expired in September 2008, and I didn't renew it when I reapplied for my second term of H1, since I decided that the differences were too wide to resolve at this stage. It was painful at that time, but since I had suffered enough through her, I had to take that decision.
        Now she has filed 498A against my parents, and also threatened to come here, to stay with me. I am yet to file divorce in India. I was waiting for a while to convince her so that we can apply for divorce with mutual consent, but so far she hasn't agreed for that. I am soon planning to apply for divorce on my own (in India).

        My questions are:
        1. She doesn't have a H4. I haven't sent my paystubs or an invitation letter or the new H1 approval letter. Can she even apply for H4?
        ------------------------even if she apply she will not get H4 visa stamp as she does not have your documents and H4 is based on your H1 status.

        2. If she doesn't get H4, and if she manages to come through another visa (tourist), am I obliged to accept her into my apartment
        -----------------------------No.
        , or can I inform INS, police at that time.
        ----------------------------Yes you can.
        3. Should I inform INS (or any one else) now itself, that she is trying to come here?
        ------------------------ You can write to US consulate where she will apply for Visa stamp. Provide her full name, DOB, her India address and write that you have not invited her on H4 visa and you donít support her H4 visa application. If she applies for B1/B2 visa she is going to stay in US and you wonít allow her to stay with you in your apartment

        Any help is appreciated. Thanks in advance.
        I dont think she can get H4 visa if she does not have your H1 documents.
        Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

        Comment

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