H4 and Divorce

[ankit_email03]

I am working on H1B Visa. I get married in Nov 2000. My wife ( on H4 ) went back to India PERMANENTLY in June 2001.Since then she came to US in ONLY once in Nov 2001 for 20 days.

I have been living ALONE for around since then ( over 1.5 years ) now.

She did not came to apply for her I-485 ( Adjustment of Status ).

I am considering a divorce and get remarried in India.

I am seeking a divorce in US and I know she will NOT contest the divorce.

1) Is a "divorce through publication" taken in US good enough to get her H4 cancelled ( H4 valid till Jan 2006 ) and a new H4 be issued for a perspective wife?

2) What are the step I need to take to get a new H4 easily say...at N Delhi embassy?


Please advise me with precautions ..i.e "Does and Dont's" . Help is greatly appreciated.



Thanks
Ankit

 

[alren]

You are better of talking with a good lawyer.

Technically any state in US where both of you held domicile together (I think at least 30 days) can adjudicate over it. Also consider getting seperated in India.