H4 to H4 ??? I beg for your help !

[whatsupmyfriend]

Hello All,

I am sorry to intrude like this but I am in real need of your advice immediately.

I (say A) am currently single and I am currently on H1B. I and my friend (say B) would like to get married. She is currently married and is on H4 now in US. B and her husband(say C) got married in India.

She (B) and her husband (C) who is currently on H1B wants to get divorced on mutual consent. I would appreciate if you can please answer my questions below:

1. Is it possible for them (B and C) to get divorced here in USA though they got married in India? If so what is the paper work and process involved?

2. Is it easier to get divorced in USA or India?

3. If it is possible to get divorced here in USA, what will be the cost involved for them and approximately how much time does it take to get divorced?

4. Will there be any dated documents issued that B and C got divorced in USA? Please understand that we don't want to leave USA now due to family reasons.

5. Do they have to go to a US Court or an Indian Embassy here in USA to get divorced?

6. What is the court in US "called" for getting divorced?

7. Will there be any hearing infront of a judge for getting divorced here in USA or India?

8. Is it required that both of them are present at one place while getting divorced?

9. Though B is on H4 as a dependent of C, can she come and stay with me? Is it legal for B to stay with me? Can C or anybody else cause any problems like filing a case against me if B stays with me?

10. If it is not possible to get divorced in USA, is it possible to get divorced through paper work with an attorney in India, while both of them stay here in USA? Will the Indian Embassy be any helpful in this regard? Once they get divorced, what will be the immigration status of B?

11. I came to know that the H1B-cap for this year has been fulfilled on 26 May, 2006 and any further H1B applications are being rejected. Is there any other status on which B can still stay in USA with me, A. Please advise.

12. I heard that it will take a longer time to get divorced in India. I cannot afford that much time and risk. Can you please show us some solution?

13. Is it possible for us to get married here in USA and get a new H4 to B as my, A's, dependent?

14. Do we have to go to either Mexico or Canada to get B's new H4 stamping? Or is it possible to get it done without going to a consulate?

15. As she already has a H4 as C's dependent, will there be any issues/problems at the consulate in Mexico or Canada to get a new H4 to B?

16. What are the documents that we need to carry to the consulate for the process of getting a new H4 to be smooth and easy?

17. Is it possible for C or his family members or his friends to cause any kind of trouble now or in the future to us (A and B) after our marriage? If so please let us know what kind of problems will there be and what precautions do we need to take to avoid those problems from C.

18. Do you suggest 3 of us to go to India and solve this problem i.e B and C to get divorced and A and B to get married?

19. Is there any risk for my H1B status from C or his family members or his friends? Can C or his family members file any kind of case on me here in USA or India? If so please suggest me what I need to do to avoid those problems and be on the safe side.

I would really appreciate if you can help us in this regard and let us know if we are missing anything here. Please help us solve this. I can contact you once I get a reply from you.

Hoping to receive some sort of help from you soon. Please understand that I don't have enough time.

I appreciate your time for reading through.

Thanks and regards,
A

 

[great guru]

Hello All,

I am sorry to intrude like this but I am in real need of your advice immediately.

I (say A) am currently single and I am currently on H1B. I and my friend (say B) would like to get married. She is currently married and is on H4 now in US. B and her husband(say C) got married in India.

She (B) and her husband (C) who is currently on H1B wants to get divorced on mutual consent. I would appreciate if you can please answer my questions below:

1. Is it possible for them (B and C) to get divorced here in USA though they got married in India? If so what is the paper work and process involved?

It is very easy and cheap and faster here for a divorse than India. There are lot of attorney do it. Cost range from $200 to 600.
2. Is it easier to get divorced in USA or India? Easy in USA

3. If it is possible to get divorced here in USA, what will be the cost involved for them and approximately how much time does it take to get divorced?

4. Will there be any dated documents issued that B and C got divorced in USA? Please understand that we don't want to leave USA now due to family reasons.

5. Do they have to go to a US Court or an Indian Embassy here in USA to get divorced?

6. What is the court in US "called" for getting divorced?

7. Will there be any hearing infront of a judge for getting divorced here in USA or India?

8. Is it required that both of them are present at one place while getting divorced?

9. Though B is on H4 as a dependent of C, can she come and stay with me? Is it legal for B to stay with me? Can C or anybody else cause any problems like filing a case against me if B stays with me?

Here you must be careful. Once she get divorced her H4 status terminate at that point of time. You may have to consult a immigration attorney to solve the transition time in between C 's H4 to A 's H4.
10. If it is not possible to get divorced in USA, is it possible to get divorced through paper work with an attorney in India, while both of them stay here in USA? Will the Indian Embassy be any helpful in this regard? Once they get divorced, what will be the immigration status of B? Don't think of this idea.

11. I came to know that the H1B-cap for this year has been fulfilled on 26 May, 2006 and any further H1B applications are being rejected. Is there any other status on which B can still stay in USA with me, A. Please advise. Once married she can get her H4, there is no cap for it. Or convert it into F1 for some time get her divorce while in F1 then change to h4 once you get married,This way transition is smooth h4 to F1 to H4 there are plenty of community colleges issue I 20 for less than 5K for courses

12. I heard that it will take a longer time to get divorced in India. I cannot afford that much time and risk. Can you please show us some solution?

13. Is it possible for us to get married here in USA and get a new H4 to B as my, A's, dependent? Read q 11 solution

14. Do we have to go to either Mexico or Canada to get B's new H4 stamping? Or is it possible to get it done without going to a consulate?

15. As she already has a H4 as C's dependent, will there be any issues/problems at the consulate in Mexico or Canada to get a new H4 to B?

16. What are the documents that we need to carry to the consulate for the process of getting a new H4 to be smooth and easy?

17. Is it possible for C or his family members or his friends to cause any kind of trouble now or in the future to us (A and B) after our marriage? If so please let us know what kind of problems will there be and what precautions do we need to take to avoid those problems from C.
This is depends, if you are grabing your friends wife they may do something, but not legally.
18. Do you suggest 3 of us to go to India and solve this problem i.e B and C to get divorced and A and B to get married? If you go to India you will be in trouble through C
19. Is there any risk for my H1B status from C or his family members or his friends? Can C or his family members file any kind of case on me here in USA or India? If so please suggest me what I need to do to avoid those problems and be on the safe side.
If B legally divorce C and you have affair with her, you are safe , if you are screwing her without divorce you will be in trouble through them. Think the consequenses before marrying somebody's wife

I would really appreciate if you can help us in this regard and let us know if we are missing anything here. Please help us solve this. I can contact you once I get a reply from you.

Hoping to receive some sort of help from you soon. Please understand that I don't have enough time.

I appreciate your time for reading through.

Thanks and regards,
A

 

[Sc3]

Best person to talk to is the attorney... I dont know what your story is (and I dont want to know), so some of my answers may not apply fully. Also I hope I am helping the "right" party (that may sound judgemental, but I know not all situations are black and white)...

1. Is it possible for them (B and C) to get divorced here in USA though they got married in India? If so what is the paper work and process involved?

Yes it is possible to get divorced here, however, you need to "ratify" it in India too, Indian courts/judiciary may refuse to accept the judgement pronounced here. So there is a chance that "C" goes to India and claims adultry you (rather B), should be able to defend the charges. BTW: If C charges adultry agaist B, then you can be held financially responsible (Per indian laws) and may be made to pay restitution to the aggreived spouse.

2. Is it easier to get divorced in USA or India?

I would say US, probably since B probably is not working, C may have to worry about alimony etc.. I dont know how alimony things work.

In India it is a long (rather painful) journey of court dates before you get divorce (family courts can hasten the process, but I think there are some 1 year separation clause etc. etc), so if speed is of importance you should try US.

4. Will there be any dated documents issued that B and C got divorced in USA? Please understand that we don't want to leave USA now due to family reasons.

I should believe so, if the dates of B's marriage overlaps, then you could be in for trouble for any immigration benefits. So I am sure they will issue dated documents.

5. Do they have to go to a US Court or an Indian Embassy here in USA to get divorced?

You need to go to the court. I am not 100% sure, but I think you can do the "ratification" part in the embassy. Check it out for yourself.

7. Will there be any hearing infront of a judge for getting divorced here in USA or India?

I believe so, at least in India, the person who applies should appear before the judge and pledge that the application is "true", the respondent does not have to appear (but the Judge can ask the respondent to appear if he so wishes).

9. Though B is on H4 as a dependent of C, can she come and stay with me? Is it legal for B to stay with me? Can C or anybody else cause any problems like filing a case against me if B stays with me?

This seems so wrong, so I will not comment, you have to decide for yourself the right thing to do. (judgemental streak coming back).

10. If it is not possible to get divorced in USA, is it possible to get divorced through paper work with an attorney in India, while both of them stay here in USA? Will the Indian Embassy be any helpful in this regard? Once they get divorced, what will be the immigration status of B?

No it is not possible to get the paper work through attorney. While it is possible as per the book that describes the Indian law. It is not practiced. The petitioner should appear before the judge. The respondent need not (but that is at the Judge's discretion)

17. Is it possible for C or his family members or his friends to cause any kind of trouble now or in the future to us (A and B) after our marriage? If so please let us know what kind of problems will there be and what precautions do we need to take to avoid those problems from C.

If they are the aggrieved party, they can claim damages.

19. Is there any risk for my H1B status from C or his family members or his friends? Can C or his family members file any kind of case on me here in USA or India? If so please suggest me what I need to do to avoid those problems and be on the safe side.

It will be a civil matter, so it should not harm your H1 status.