applying for citizenship: need advice on divorce

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testingtimes06

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I am planning to apply for my citizenship in few months. I got married recently in India, and things are not going well between me and my wife. I dont know if when and how I can get divorced. In the meanwhile I was wondering shouold I goo ahead with my citizenship etc. I am wondering how divorce before getting US citizenship compares with getting divorce after the citizenship interms of alimony etc. She is an indian citizen and still in india.
Any advice or reference will be appreciated a lot.

thanks
 
A divorce will not affect the outcome of your US Citizenship application. As far as alimony etc is concerned an attorney who practises family law should be able to help you out.

Good luck
 
testingtimes06 said:
I am planning to apply for my citizenship in few months. I got married recently in India, and things are not going well between me and my wife. I dont know if when and how I can get divorced. In the meanwhile I was wondering shouold I goo ahead with my citizenship etc. I am wondering how divorce before getting US citizenship compares with getting divorce after the citizenship interms of alimony etc. She is an indian citizen and still in india.
Any advice or reference will be appreciated a lot.

thanks
Click to expand...

Get the divorce after becoming a citizen. Complete all your legal procedings in the US ( preferably in a state with low alimony awards ). Don't go to india as an indian citizen, you'll regret it.
 
Getting a divorce will not have any negative effects on your application, unless you have a great number of them in the last few, in which case officer would ask you some tough questions. If you can workout the differences between you and your wife, should try all you can to do so. If, however, there are serious problems in the marriage, you should not wait to get a divorce. For one thing, depending on your luck and your DO, the citizenship process take up to a year (excluding name check). If the marriage is going bad, that's too long to wait. It's not good for you and it's not good for your wife.

Seek marriage counseling before you go through with the divorce.

I hope things work out for you

Cheers,

Newly
 
IPC section 498(a) missuse

As everybody suggested don't travel to india when the divorce is pending in US. I took judicial seperation 3yrs back in US and the case is pending in US since three years. There is no judgement or allegation against me in US. We never lived together after seperation. But recently I was detained in India on 498(a) case. Unfortunately I was not carrying certified copies from US court. I had to go through lotta hassell. It all found out to be a complete false case but the damage was done.

Does anybody has info on difficulties after being detained. Indian court ordered the Passport authorities to give back my passport. How this would impact my future travel and my Greencard in US.

Note: Indian police doesn't care about your career or life they just take money and dump you. Though they are all false you have to deal with it. Everybody squeezes money out of you.
 
Thanks folks for the response.
The situation is that I have not yet applied for divorce. The situation is very sticky. The girl has nothing to loose. I am wondering if I should file for divorce before the citizenship to avoid the hassle of alimony, we have been married only few months; is there an option for anullment? Or should I just get thru the citizenship as a married person and then file for divorce to avoid the hassle of indian courts and pay the alimony. If I take the later option how does it work, since she is not a citizen of US, how will the alimony etc work.
I am thinking of talking to a lawyer, do you guys have any good recommendations?

thanks
 
My advice is talk with the other party and come to a settlement.

It also not fair Girl's father spends lot of money for marraige and they get nothing in return.

A Lumpsum money in exchange for divorce is the best bet.
 
It may not be the case with everybody. In my case I spent every penny for marriage still they are demanding lots of money.

The attitude in india is like this. When the guy say divorce, girl parents think their daughter's life is screwed up. In return they want to ruin your life and take lot of money.

They won't be able to ruin your life but, they can give you hard time and you have to pay money. It doesn't matter whether it's fair or not. It's the price you need to pay for asking divorce. I am not saying it's fair either but that's how it works.

Thanks
 
I don't understand as to why you can't file a divorce in the US? Since one of the parties to the divorce resides in the US, you can file for divorce here and get over with. Keeping this pending till you are citizen only increases the time you are married. If the differences are non reconsilable, cut the knot and get on with your new life ahead.
 
i think brb2 is right, sooner is better if you are sure about divorce.

Can anybody help me with my question on being detained in Airport and how this would impact in future.

If you don't have an answer direct me to an appropritae link.

Thanks
 
I am trying to get in touch with a lawyer in india, its just taking too much time to figureout whats the best procedure.
I agree the longer I stay in it the harder it is.
Sunpad: After how long of marriage did you get divorced? Does the length of marriage affect the divorce? I am married only for two months, I was thinking about anullment if its possible.
I read thru the hindu marriage act and the clauses for divorce, there doesnt seem to be a easy way to get divorced in India. My issue with the girl is more about compatibility and understanding. In US you can quote irreconcilable differences and file for divorce, can we do that in India?
 
Incompatability doesn't work in India. Valid grounds in India are Impotency, Adultry, Cruelty, Mentally challenged and mutual agreement.

Boss, get the divorce in US first. Since it's only 2months you don't have to pay Alimony.There are several easy ways to get divorce in US ask a lawyer in US.They are expensive but be prepared. I spent about $20K for my divorce. I know some people spent even upto $35K. Get the citizenship and go to India. Don't even think of getting divorce in India coz you can't. It takes about 6 to 8 yrs in India to get divorce if the girl challenges and you don't have proper grounds as per Indian law.

There is an excellent website to clear all your doubts www.divorceinfo.com

Since you say it's only 2months, be careful on your judgement. Though I am divorced I don't encourage. My mission is to help guys who are being harassed by girls by taking advantage and missusing legal system.
 
Sunpad,
I went to india and talked to few lawyers, the answers were little confusing. But one of the lawyer said that "law of land"(hindu law according to which i got married) holds higher precendence than the "law of the land"(which would be US if I applied for divorce here).
Do you know anything abouut this?

So you filed your divorce in US and sent your wife papers in India? What happened there after, did they get a lawyer there..etc. Could you give some details?

How did you find your lawyer?
 
My friend went thru same deal.She is not a Hindu.She only lived with him for a month after the marriage in India.Marriage was not consumated.He turned out to be %$#@.HE would not move to US as agreed and was forcing her to move back.To make long story short.She filed for divorce in states since they hadn't live together for over a year .It was piece of cake.Once done she send him copy and letter to life happly there after with his family.That was it.!;) She did not have to g thru hassle back in India.He tired his best to get her int trouble by filing false cases with CBI and stuff.But once divorce was finalised here .Case was closed.;)
 
You are clearly not listening to the advise of forum members from India who are clearly suggesting to file for divorce here in the US. You are asking for trouble by consulting lawyers in India about your situation here. If you live in the US, the law of the US is supreme and applicable for you. Whether the courts in India follow that or not, is not relevant for you because the divorce decree issued to you in the US is good enough for you to remarry and re-start your life. I don't think you should be believing in half baked knowledge from an Indian lawyer as to what is applicable in the US.

If the US papers are served on wife and there is no response the divorce can be declared by the US court as not contested. Get on with your life and don't complicate your life unnecessarily.

testingtimes06 said:
Sunpad,
I went to india and talked to few lawyers, the answers were little confusing. But one of the lawyer said that "law of land"(hindu law according to which i got married) holds higher precendence than the "law of the land"(which would be US if I applied for divorce here).
Do you know anything abouut this?

So you filed your divorce in US and sent your wife papers in India? What happened there after, did they get a lawyer there..etc. Could you give some details?

How did you find your lawyer?
Click to expand...
 
dude4mrestonva: was your friend a green-card holder or citizen? was her family harrassed by courts/police in india? can i chat with your friend directly, to speed up the info?

brb2: its not about listening to the advice or not: my family(mom and brothers) still there in india. mom is in a delicate state, i want to do this with least amount of hassel.
i have green-card now, i am going for citizenship interview next month. can i file for divorce here in Us before becoming a citizen? can you point to lawyers network for this? is there any alimony etc involved? I have not consumated the marriage and i have bearly lived with her for 1 month.
 
testingtimes06

Doing it here will be simpler and she will not be able to contest it here. Your family in India will not have to go through the anguish of proceedings etc. Members here indicated that the wife can refuse to sign the divorce. Most western countries it is no fault divorce and one party can opt out regarless of what the other parties views are. I think there is a waiting period of living apart for 1 year - varies state to state in the US. Alimony depends on the state you live in. My guess is highly unlikely you will need to pay alimony since you have not lived too long married. The earlier you do less the financial impact on you. I would say doing your divorce after citizenship is much better. If you start divorce proceedings the USCIS may want to know if you are supporting your wife and will need to provide proof from here etc. So far now, you are "married' wife is currently in India.

Regarding divorce you don't need a lawyer, you can file it yourself particularly since it may not be contested here. Find out how the court orders are "served" in India. In most western countries there are professional agencies who specialize in "serving" the court orders, where even if the spouse refuses delivery, they record refusal and that is good enough for the court to proceed. So one party can't hold up the proceedings. I don't know how that works in India. A certified mail with delivery confirmation from FedEx might be Ok if the court says that.
Do a search on google to find divorce resources. I just did one and saw many web sites customized for each state:

http://www.divorcenet.com/


Good luck!!
testingtimes06 said:
dude4mrestonva: was your friend a green-card holder or citizen? was her family harrassed by courts/police in india? can i chat with your friend directly, to speed up the info?




brb2: its not about listening to the advice or not: my family(mom and brothers) still there in india. mom is in a delicate state, i want to do this with least amount of hassel.
i have green-card now, i am going for citizenship interview next month. can i file for divorce here in Us before becoming a citizen? can you point to lawyers network for this? is there any alimony etc involved? I have not consumated the marriage and i have bearly lived with her for 1 month.
Click to expand...
 
A guy asking divorce is different from a girl asking divorce. Guys doesn't have legal provisions to book cases where as girl got plenty. They wont be able to do anything to you as long as you stay in US but they can send your family to jail for few days without much difficulty. Girl parents wont win the case but you have to bear all the pain until you are aquitted. If you can manage the local police there is nothing like it. Money and few contacts will do the trick.

Your marriage is considered consumated even if you live with her for one day.

Best solution is to involve local MLA or some dada throw some money and settle it.
 
Well, u all talk about the scenario when the US court send summons to ur spouse in India and no one responds back. In my friend's case, the wife's lawyer from India did respond back saying that she has already filed some cases against him in India.

Now the US court says that if there is already a case filed in another country, then the case cannot be taken in the US court.

Now what ?
 
Now you are effectively stuck. Start your battle in India or wait for few yrs and file dissertion in US.
 
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