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.