Divorce while in J1 Status

M

mallu2008

New Member
I have been in US for nearly 2 years and my wife came here a year ago. Both of us got married in India under the Christian marriage Act exactly a year and half ago. We do not have any children. I am on a J1 visa and she is here as my dependent on a J2 visa. Both of us are still living together.

We had an arranged marriage and there has been lots of problems between us ever since we started our life here. It has now become beyond proportions and I would like to go for a divorce. I am not sure if my wife would agree for a mutual consent divorce, even though she keeps telling me that she will sign divorce papers if I bring it to her. However, I fear, if I actually bring it she may not sign. We have not initiated the application for a GC yet.

Our current J visa is valid for 4 months more and I will get my J1 extended for few more years there after.
  1. Will I be able to proceed with a divorce petition here in US and if so will the divorce be valid in India?
  2. Will it matter whether or not my wife gives a consent for divorce? do the procedures differ in either case?
  3. How do I go about moving a divorce petition?


Kindly help me with this. As the way things stand, there is absolutely no scope to build a decent family in our relationship. And we cant even think of having a child as there is no amicable relation between us. Both me and my parents think it is better to end it at the earliest.
 
I'm neither familiar with Indian laws nor with your state laws, but generally speaking I believe the answer is yes, you can divorce a foreign marriage in the US and at least the divorce will be legally binding in the US.

My question to you is (and you may or may not care) what your wife's plan is after divorce? She would no longer be your dependent and be out of status if still in the US. I'm assuming she came to live with you, so it would be a disservice to put her in a situation where she's out of status ... at least find a way for her to return to India while she's still in status, or a way to adjust to another status if she intends to stay.
 
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Thanks for the reply. she surely has a future back in India and I will do everything possible to get her back to India if thats were she wants to be after a divorce.

Expecting more replies...
 
mallu2008 said:
Thanks for the reply. she surely has a future back in India and I will do everything possible to get her back to India if thats were she wants to be after a divorce.

Expecting more replies...
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There's not a whole lot more to say. If the two of you get divorced, she has to go home or find some way to get her own visa.
 
mallu2008 said:
I have been in US for nearly 2 years..........................I am on a J1 visa and she is here as my dependent on a J2 Visa.......................We have not initiated the application for a GC yet..............Our current J visa is valid for 4 months more and I will get my J1 extended for few more years there after
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Hi
I am not going to talk about your personal life. What I believe for J1 visa maximum stay is 3 years and then you need to go back to India for "2 years" or you need "waiver from your Govt for 2 year home country residency" to get H1b, which is more flexible for immigration intent
On J1 status you cannot apply for GC

Anybody please verify, If I am right or wrong
 
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Verifying: Not every J-1 holder is subject to HRR. Not every J-1 program has a maximum duration of 3 years.
 
J1 is now issued upto 5 years. My J1 does have a 2Year rule. However, I can get a waiver issued and change my status later on. To my knowledge, I can even apply for a GC while on J1 status. correct me if I am wrong.

My original question is still not answered.:confused:
 
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