My husband's passport is revoked

#1
My husband have a pending criminal case ( domestic violence and cruelty) from his previous wife since 2010 and had an divorce with her. His passport was revoked by Indian Consulate in 2012 after his ex-wife complained against him, which my husband mentioned this was not known to him.

We got married in United States in 2015 while his passport was already revoked. Currently my husband is in India. I am a green card holder. My question is my marriage valid to sponsor his immigration benefits to him since when we got married his passport was already revoked although he was in legal H1B status.

Any insight will be greatly appreciated.
 

1AurCitizen

Registered Users (C)
#2
Revocation of his passport doesn't invalidate the marriage. If you were both eligible to be married at the time, you should be good to petition him.

How did you get your green card?
 
#3
Greetings to All.. need some help and insight.

My husband have a pending live criminal case (498A ) from his previous marriage in India . India Consulate General requested him to return back in 2012 to comply with Court orders and requested him to return , however my husband have not returned and moved the case to High Court where his case had a stay, however it was not resolved. In the mean time based on the my husband's ex-wife complaint his passport was revoked in 2012 which my husband said was not known to him. He continued living in US in legal H1B visa. In 2017 when he changed his employer and wanted to transfer his visa USCIS rejected his H1B extension since his passport was revoked since 2012. Currently he is in India and fighting his criminal case with his ex-wife.

I got married in 2015 with him and currently I do have my GC from my employer. My question is can I apply for immigration benefits for my husband considering that when we got married in 2015 his passport was already revoked. Is our marriage at all legal or if I want to sponsor his visa will I encounter any issues ?

Any insight will be highly appreciated. I am in serious trouble !
 

SusieQQQ

Well-Known Member
#5
Your marriage is legal. Whether or not he will be able to get an immigrant visa without a passport and with a criminal case pending is another situation entirely. You might want to retain a lawyer.
 

1AurCitizen

Registered Users (C)
#6
You should be able to petition him through USCIS. The marriage ought to be legal if he was divorced from his ex-wife in 2015.

Getting his passport would be something your husband has to sort out with the Indian government.
 

whitemimauz3

Registered Users (C)
#7
Your husband needs to report on his 498A case so that his passport is reinstated. Your marriage is not an issue but he needs to have a valid Indian passport to travel. Keep in mind until he becomes US citizen he would still remain an Indian subject even on green card.
 
#8
Pooja Ji,
I am facing a fake 498a & was hoping you could throw some light on it.
How did USCIS know that his passport is revoked? Did change in Employer resulted into background check? What if he would have applied with the same employer for extension? In my understanding, this should happen if he applied for Visa at US consulate & the background check would show it.
Was passport revoked or impounded?
Thanks,
 
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