This is my sad story in brief:
I am from India and am on a work visa in US. My ex-wife from India, came to the US when we were married on a dependent visa. She stayed here with me for a total of 11 months and returned to India more than 2 years back. Mine was the other way round where I was abused and used by her and her parents in almost every which way. I put with a lot of threats, blackmails and violent outbursts for a lot of time trying to make this marriage work. After she went to India, she continued the same behaviour over the phone. I had hoped that the distance would make her change but alas I was wrong. So after few months of giving it yet another chance, I told her I wanted a divorce. She was very shocked and taken aback as she never expected that from me. She refused to give me a divorce and said she will make my life hell even if try to file for one. She and her parents also left their village and kept changing their addresses after few days at different relatives houses so that I am not able to serve her divorce orders. Tired, I contacted a lawyer in my state in usa and he said that I can file for divorce by publication which is allowed by my state as I had been separated for more than 1 and a half year from her at that point of time and more importantly because it was a short term marriage with no children or property to divide. My ex-wife never worked after marriage. So I filed for it and got my one sided divorce decree by publication sometime last year. Meanwhile she has filed many false cases WITHOUT any evidence in India about dowry and harrassment which is very common in India nowadays called the 498A in India which are 98% false according to records by Government of India itself. I know my divorce decree is not valid in India because its from USA and I was married in India and she can null and void it in India. However, it is legal in USA as it was filed according to jurisdiction and laws of my home state here.
Meanwhile, all this mess is going on, I met a wonderful person here in USA who despite all this is ready to marry me as we both love each other very much. She is a US citizen and is ready to file for my green card. She cannot see me suffer all this and is very afraid that once my visa expires and I have to go to India, I will be arrested and harrassed by the corrupt Indian police for bribes and money to get free from these cases which even they know are false. Yes people, this is true and anyone from India here on this forum would be able to relate to this. So my question is:
1.) Can I marry my Girlfriend here in USA and can she file for my green card?
2.) Is this divorce decree valid in the eyes of USCIS? Will USCIS accept my one-sided divorce decree as legal termination of previous marriage or will they insist on divorce from India? If that is the case it will take years and years due to backlog of cases in India and can anywhere from 5-6 years.
Please advise me if we can ahead with this petition as I fear that if I go to India, I will never be able to return to USA and lose whatever I have left of my savings and also lose my job which is their agenda. Thanks everyone for reading my story.
I am from India and am on a work visa in US. My ex-wife from India, came to the US when we were married on a dependent visa. She stayed here with me for a total of 11 months and returned to India more than 2 years back. Mine was the other way round where I was abused and used by her and her parents in almost every which way. I put with a lot of threats, blackmails and violent outbursts for a lot of time trying to make this marriage work. After she went to India, she continued the same behaviour over the phone. I had hoped that the distance would make her change but alas I was wrong. So after few months of giving it yet another chance, I told her I wanted a divorce. She was very shocked and taken aback as she never expected that from me. She refused to give me a divorce and said she will make my life hell even if try to file for one. She and her parents also left their village and kept changing their addresses after few days at different relatives houses so that I am not able to serve her divorce orders. Tired, I contacted a lawyer in my state in usa and he said that I can file for divorce by publication which is allowed by my state as I had been separated for more than 1 and a half year from her at that point of time and more importantly because it was a short term marriage with no children or property to divide. My ex-wife never worked after marriage. So I filed for it and got my one sided divorce decree by publication sometime last year. Meanwhile she has filed many false cases WITHOUT any evidence in India about dowry and harrassment which is very common in India nowadays called the 498A in India which are 98% false according to records by Government of India itself. I know my divorce decree is not valid in India because its from USA and I was married in India and she can null and void it in India. However, it is legal in USA as it was filed according to jurisdiction and laws of my home state here.
Meanwhile, all this mess is going on, I met a wonderful person here in USA who despite all this is ready to marry me as we both love each other very much. She is a US citizen and is ready to file for my green card. She cannot see me suffer all this and is very afraid that once my visa expires and I have to go to India, I will be arrested and harrassed by the corrupt Indian police for bribes and money to get free from these cases which even they know are false. Yes people, this is true and anyone from India here on this forum would be able to relate to this. So my question is:
1.) Can I marry my Girlfriend here in USA and can she file for my green card?
2.) Is this divorce decree valid in the eyes of USCIS? Will USCIS accept my one-sided divorce decree as legal termination of previous marriage or will they insist on divorce from India? If that is the case it will take years and years due to backlog of cases in India and can anywhere from 5-6 years.
Please advise me if we can ahead with this petition as I fear that if I go to India, I will never be able to return to USA and lose whatever I have left of my savings and also lose my job which is their agenda. Thanks everyone for reading my story.