Possibility of US Citizen Filing for Divorce in India?

G

goducks

New Member
All,

I am a US Citizen who is married to an Indian citizen in India (in Bangalore) during Sept-07. My wife is still in India and I live in Washington State. I have filed for the I-130 during the Jan-08. The next step in the immigration process is filing of the I-864 (Affidavit of Support). The marriage is not going to work out and the reasons for which are beyond the scope of this discussion. Therefore, I am not going ahead with the filing of the I-864. That said, I would like advice the following:

1) Can I file for a divorce from here (USA)?
2) Under what grounds will the divorce have to be filed?
3) Will I have to take additional steps to close the loop in India?
4) Is my physical presence required in India if the filing can be processed from here?

It would be great to get in touch with someone on this forum who has gone through or is currently going through a similar situation as mine. Thank you in advance for your help.
 
Eh this is an immigration forum and all your questions are civil-divorce related.

About your divorce that is a state-civil matters and Indian authorities to valide your divorce in US. Meaning a divorce is a civil issue and is rule by each State, you must check with a family law attorney that covers your county/state. Or you can check out your own courthouse website and there is always info in general about divorce processes. Every state is different, some states required a separation time, etc.

Plus, you must check out in India what you need to do so they recognized your divorce made in the US, if you go for that route. Be aware that regardless the state you must contact (knowledge of service) to the respondant (your wife) so she knows that you are filing for divorce.

Since this is forum and this part (family based inmigration matters) about immigration related issues, your I-130 can be withdrawn by you at any time. You don't need to continue filing any other form and make her knowledge of that, but you must withdraw your appliaction.

Good luck.
 
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