I got married in India in July 2004 while on H1. Brought my spouse in US on H4 in September 04. Due to some personal differences she went back to India in November 04 after staying in US for 10 weeks only.
In the meantime, families from both the sides were trying to make us patch up the personal issues and start living together again but that didn't work out. Her H4 visa has expired now and I have got a green card in the meantime. I could not apply her I-485 during her short stay in US. So, she has no immigration status now.
She is now asking me to bring her back into US and then file for divorce in US. I want to file for divorce in India only and I have already asked my lawyer in India to do so ASAP (we both are Indian citizens).
Now, she has applied for b1/b2 visa in the American Embassy in India with the help of her US citizen relatives who are also sending her a letter of support for the visa interview next month.
My questions are:
- Will she be able to get a b1/b2 visa through her relatives' letter of support while we are still married or in case divorce proceedings have started in India?
- Will it help if I file for divorce in India before her visa interview? And, should I inform the American Embassy in India that I have started the divorce procedings in India only?
- If somehow she manages to come to US and trys to stay with me and/or files for divorce here, then, what options I have in this situations?
- Any other advise or suggestions?
Thanks!
In the meantime, families from both the sides were trying to make us patch up the personal issues and start living together again but that didn't work out. Her H4 visa has expired now and I have got a green card in the meantime. I could not apply her I-485 during her short stay in US. So, she has no immigration status now.
She is now asking me to bring her back into US and then file for divorce in US. I want to file for divorce in India only and I have already asked my lawyer in India to do so ASAP (we both are Indian citizens).
Now, she has applied for b1/b2 visa in the American Embassy in India with the help of her US citizen relatives who are also sending her a letter of support for the visa interview next month.
My questions are:
- Will she be able to get a b1/b2 visa through her relatives' letter of support while we are still married or in case divorce proceedings have started in India?
- Will it help if I file for divorce in India before her visa interview? And, should I inform the American Embassy in India that I have started the divorce procedings in India only?
- If somehow she manages to come to US and trys to stay with me and/or files for divorce here, then, what options I have in this situations?
- Any other advise or suggestions?
Thanks!
