Hello,
I have a friend that is a U.S. citizen. She is originally from India. In 2004 she went to India for an arranged marriage. Her husband's family treated her brutal after the marriage. They held her passport and family heirloom jewelry until she went to the Consulate in Delhi to get a Visa for her new husband. After she completed the paperwork in Delhi for his Visa to the states they returned only the Visa but kept her family jewelry.
About eight months after her arrival back in the states she received a letter from the U.S. Department of Health and Human Services. This letter (I read it.) stated her husband was HIV positive and if she wanted to continue with him coming over to the U.S. she would be legally responsible for his care (medical, etc.).
After reading this letter I immediately advised her to get an HIV test. She tested negative. Thank God! She called him and explained there was a hold on the process because of the HIV positive status. He denied having HIV and said there was a cough that showed up on the x-ray that needed to be reexamined. She finally realized he was lying. She sat down to talk with her father (mother is deceased) to explain why the marriage needed to end. He did not understand HIV and why she did not want to continue bringing over the husband he had selected for her. Finally her other family members got involved and eventually, after several attempts persuaded him to allow her to divorce. She never divorced. He never came over.
Two years later in 2006 he married another woman in India and did not disclose his HIV status to his new wife. Still his family kept pressuring my friend to sign the paper to let him come over to the U.S. even though he took another wife and is HIV positive. This same year his new wife became pregnant and had a baby. All three (husband, wife and daughter) are HIV positive. My friend knows this because his new wife attempted to leave him and move back in with her parents. When her parents found out her and the child were HIV positive they kicked them out to go live with her husband. So this is known in my friend's village. His HIV positive status is no longer a secret.
Now, in 2010, my friend became engaged with another man in India. She had a baby with this man and now wants to divorce her first husband. She still has not canceled the file to bring over her new husband. Her father in law is still pressuring her to bring over her first husband as the most recent letter dated Jan 4, 2010 states if she does not sign in one year his file will be automatically canceled.
I type all of this information so there is full disclosure so that we can get the best help with all the cards on the table.
Can she get an annulment? If so, is it best for her to hire a lawyer in India or in the United States that is familiar with Hindu law in India? Is the annulment (if possible) better than a divorce? Should she cancel the file immediately (before the divorce or annulment)? Can all of this be done in the United States? She is with a new baby and is unable to travel back to India for some time. In the meantime she still needs to bring over her fiance so that he can see his baby. I believe she has filed a visitor visa because of this situation.
Thank you in advance for your help. I am sorry it was long but again, I felt the background was needed.
I have a friend that is a U.S. citizen. She is originally from India. In 2004 she went to India for an arranged marriage. Her husband's family treated her brutal after the marriage. They held her passport and family heirloom jewelry until she went to the Consulate in Delhi to get a Visa for her new husband. After she completed the paperwork in Delhi for his Visa to the states they returned only the Visa but kept her family jewelry.
About eight months after her arrival back in the states she received a letter from the U.S. Department of Health and Human Services. This letter (I read it.) stated her husband was HIV positive and if she wanted to continue with him coming over to the U.S. she would be legally responsible for his care (medical, etc.).
After reading this letter I immediately advised her to get an HIV test. She tested negative. Thank God! She called him and explained there was a hold on the process because of the HIV positive status. He denied having HIV and said there was a cough that showed up on the x-ray that needed to be reexamined. She finally realized he was lying. She sat down to talk with her father (mother is deceased) to explain why the marriage needed to end. He did not understand HIV and why she did not want to continue bringing over the husband he had selected for her. Finally her other family members got involved and eventually, after several attempts persuaded him to allow her to divorce. She never divorced. He never came over.
Two years later in 2006 he married another woman in India and did not disclose his HIV status to his new wife. Still his family kept pressuring my friend to sign the paper to let him come over to the U.S. even though he took another wife and is HIV positive. This same year his new wife became pregnant and had a baby. All three (husband, wife and daughter) are HIV positive. My friend knows this because his new wife attempted to leave him and move back in with her parents. When her parents found out her and the child were HIV positive they kicked them out to go live with her husband. So this is known in my friend's village. His HIV positive status is no longer a secret.
Now, in 2010, my friend became engaged with another man in India. She had a baby with this man and now wants to divorce her first husband. She still has not canceled the file to bring over her new husband. Her father in law is still pressuring her to bring over her first husband as the most recent letter dated Jan 4, 2010 states if she does not sign in one year his file will be automatically canceled.
I type all of this information so there is full disclosure so that we can get the best help with all the cards on the table.
Can she get an annulment? If so, is it best for her to hire a lawyer in India or in the United States that is familiar with Hindu law in India? Is the annulment (if possible) better than a divorce? Should she cancel the file immediately (before the divorce or annulment)? Can all of this be done in the United States? She is with a new baby and is unable to travel back to India for some time. In the meantime she still needs to bring over her fiance so that he can see his baby. I believe she has filed a visitor visa because of this situation.
Thank you in advance for your help. I am sorry it was long but again, I felt the background was needed.