Indian 498a (Dowry law) and its effects on Citizenship

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reddyr3369

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If you do not have time Skip first two paragraphs

By the time I got married I was eligible for I-485 stage of my green card processing. So I applied green card for me and my ex-wife under the employment category. We got our GC in 2003. In 2006, I found out that she is having an affair with her ex-boyfriend from India who lives in Canada. He used to visit her on the weekends. We thought of getting mutual divorce and filed the papers in USA. Subsequent to the filing of the papers, she traveled to India for her brother's marriage and commenced a legal action against me and my family (With whom she never lived) related to the marriage (498a - criminal complaint). The reason for it was we exposed her affair with ex-boy friend to her parents and relatives (I collected some proofs). We never went to India after the marriage. I still don’t get it how the hell Indian govt. will allow the case to be filed when she never lived with my parents or siblings. I guess life is unfair.
After going through some court dates in India we were well positioned to win the case. Then they approached for the compromise (How convenient?). In lieu of time we accepted the offer. She withdrawn the case in India and we got the divorce in USA.

Recently I applied for Citizenship. In the application, I clicked yes for the following question
“Have you ever been charged with committing any crime or offence?”

I have the 498a case quashed/dismissal documents from India. I also have a Martial Settlement Agreement which has the clause to withdraw the Indian case as the part of the compromise. I do not have any prior history with law neither in India nor in USA. It is unfortunate to get mingled in love affair and thrown out on the street for no fault of my own.

Here are my questions

1. Will USCIS give me grief about my case in India? (There is no equivalent offence in USA with respect to 498a)
2. If they reject my citizenship application, Will it affect my Green Card which is valid until 2013?
3. What should I equip with for the Interview?
4. What are my chances to get approval?
5. Are there any 498a sufferers in the Forum?


Any suggestions would be appreciated.:)
 
You were never charged with anything, so you should have answered "no". Just because someone files a complaint against you doesn't mean you were charged. As you indicated, your wife agreed to withdraw the complaint, so the original charges never stuck.
 
Bobsmyth,
Thank you for the information. I already did that.

One more question about speeding tickets and parking tickets. Do we need to mention them in the application. I thought only fines over $500 need to be declared. Am I right?
 
I've posted answer to your same question in other thread:

Minor traffic tickets are not used in the determination of moral character. Although there's nothing in the instructions that states you don't need to disclose minor traffic tickets, the majority of the evidence suggests that USCIS is not concerned with them and as such many don't report them outright.
If you're still concerned, you can always update the IO during your interview of your past minor traffic tickets.
 
Reddy,

I do not see u will have any problems in ur application based on what u posted RE: Divorce and traffic fines. During my interview, the A.O. specifically told me that his only conren is the kind of crimes where people GO IN FRONT OF A JUDGE. So don't worry about traffic stuff.

All the best.

By the way, I just want to let you know that it was sad reading about circumstances of ur divorce, and then the court case against you in India.

reddyr3369 said:
Bobsmyth:
Thank you for the information. I am much comfortable now.
Click to expand...
 
I know lot of people victim of 498a and suffered in CITIZENSHIP and atlast they got it thru help of senators.

I will find out tons of information on this and share it you

you can also look at www.498a.org
 
Thanks you for the information.

Bobsmyth -- Your reply is comforting...

AAZZ -- Thank you for sympathyzing. Yes it is sad to go through the stuff but some things are not in our control. On the bright side I completed my Masters and M.B.A during that phase. In the end it all worked out.

namitanamburi -- I sent you my phone number. I would love to talk to you as soon as possible....
 
Need Info

Hi Reddy,

I am in the same boat as you are. I need some information from you. How can I contact u?
 
Send me your phone number using the email in my profile. I will call you.

I am sorry you are going through this... I wouldn’t want my enemies go through the stuff.
 
Guys I am also in the same situation , wanted to know what is the final outcome for this. I will be elgible in Aug and wanted to know if there is something that can be done from my side. Also how long will the process take to get my Citizenship (in Aug I will be completing 5 years in GC )
 
sgdas and superkrish,

Is your indian case still pending? If it is still pending, do not apply. Send me private message with your phone number. I will call you. I contacted the lawyer and I am taking her with me for the interview.
 
498A and US Citizenship

Hello,
My wife has filed a complaint in India per 498A against me last year. I am currently eligible to apply for my citizenship and want to know what to do?
So, any help will be greatly appreciated.
Thanks!
 
I have already filed for divorce in India.
But there are four questions on the N-400 form regarding 'good moral character' and I want to know whether I should answer 'yes' to any of them or not (given that a charge sheet is filed in the court) and if I answer 'yes' then will I still get citizenship?
 
498a said:
I have already filed for divorce in India.
But there are four questions on the N-400 form regarding 'good moral character' and I want to know whether I should answer 'yes' to any of them or not (given that a charge sheet is filed in the court) and if I answer 'yes' then will I still get citizenship?
Click to expand...

You would only answer YES if you were charged, convicted, or arrested since it's considered a criminal offense under Indian penal code.
A 498a charge does not make you ineligible for naturalization.
IMO, it seems the necessity of disclosing 498a on N-400 is questionable since it only confuses USCIS who have no idea of Indian penal code.
 
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Hi Bobsmyth,
Thanks for the information. Do you personally know anyone who applied for citizenship in this situation? I would really like to talk with someone like that. From the other thread I know there were three people who were in this situation and it will be nice to know what they did? I have already sent them messages but if you happen to know their contact information then please give it to me.
These users are - reddyyr3369, sgdas, and superkrish
 
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