Whether VISA will cancel after dvorce.

Y

Yashvant

Registered Users (C)
Dear Friend,

I m really new at here, I m from India.


-My sister married to US CITIZEN boy at 28 Jan 2007.
-Before married my sister has 8Years old daughter.
-Now marriage period is 1 Year and 8month going on.
-She went to America before 3 months with her daughter.
-now she having 2 years visa.
-But the documents of 2 years Visa and passport is also with her husband.
-My sister(30years old) and her daughter(8years old) is in America(California, San Fransisco) since 3 months through the marriage based visa. -Now her husband leave her alone with her daughter in america.
-Now her husband need divorce.
-There is no our people in America who can help her.
-Currently she is staying at another place.and that place owner not able give more help of accomodation for more time.
-In this situation what my sister has do so she and her daughter live in america comfortable and secure!.

- We need that she stay over there untill she not get citizenship in america.which is helpful for her daughter.
- I and my family are new and nothing know about america and law of america. Plese guide us...

My question is :

1.Whether her VISA will cancel after dvorce.
2.She might not realy to take divorce.than America court will give divorce to him without sisters's query? what will happen with her and her child.
3. What happen if her husband and my sister give divoce to eachother?
4. What happen if my sister not give divorce?
5. What happen of her daughter if she give divorce?
6. How she find Job in America?
7. Is any helpful association who can help her?
8. Who can help her?
9. How can she apply for U.S.Citizenship?

please Help Us . God Bless you Lot Lot Lot.
 
this is clearly a situation where she needs someone IN usa to help.
Most of it i can't even begin to think, but one thing i can tell you:
she cannot apply for citizenship yet. she has to be married to her husband at least 3 yrs as a Permananet resident before she can apply.
(IS she a perm. resident already?)
when you say "visa" what kind of visa does she have?

afaik, her husband should be responsible for her, if he married her (financially and otherwise)

if she doesn't agree to a divorce, i don't think he can divorce her; (I'm not 100% sure of that though; someone with more experience will soon answer)
 
Washburn27 said:
if she doesn't agree to a divorce, i don't think he can divorce her; (I'm not 100% sure of that though; someone with more experience will soon answer)
Click to expand...

It depends on the state. For instance, in NY, if one spouse wants a divorce, and the other spouse refuses to grant a divorce, they are required to wait one year or so (don't quote me on this) until the divorce is granted. The purpose of this time period, since the divorce was unilateral, is to allow the possibility of the couple being able to work through their differences.
 
This person needs far more help and advise than this forum could provide, IMO. She needs to contact someone in USA asap who can guide her.
Can she go to/call the indian embassy?
It does, sadly, feel like an ill prepared situation/case all along; how can she end up in such a situation, without even knowing the very basics of citizenship/perm resident requirements and procedures?
 
Washburn27 said:
This person needs far more help and advise than this forum could provide, IMO. She needs to contact someone in USA asap who can guide her.
Can she go to/call the indian embassy?
It does, sadly, feel like an ill prepared situation/case all along; how can she end up in such a situation, without even knowing the very basics of citizenship/perm resident requirements and procedures?
Click to expand...

I agree. This person needs professional assistance. Contacting the Indian embassy/consulate would be a good place to start.
 
Yashvant said:
Dear Friend,

I m really new at here, I m from India.


-My sister married to US CITIZEN boy at 28 Jan 2007.
-Before married my sister has 8Years old daughter.
-Now marriage period is 1 Year and 8month going on.
-She went to America before 3 months with her daughter.
-now she having 2 years visa.
-But the documents of 2 years Visa and passport is also with her husband.
-My sister(30years old) and her daughter(8years old) is in America(California, San Fransisco) since 3 months through the marriage based visa. -Now her husband leave her alone with her daughter in america.
-Now her husband need divorce.
-There is no our people in America who can help her.
-Currently she is staying at another place.and that place owner not able give more help of accomodation for more time.
-In this situation what my sister has do so she and her daughter live in america comfortable and secure!.

- We need that she stay over there untill she not get citizenship in america.which is helpful for her daughter.
- I and my family are new and nothing know about america and law of america. Plese guide us...

My question is :

1.Whether her VISA will cancel after dvorce.
2.She might not realy to take divorce.than America court will give divorce to him without sisters's query? what will happen with her and her child.
3. What happen if her husband and my sister give divoce to eachother?
4. What happen if my sister not give divorce?
5. What happen of her daughter if she give divorce?
6. How she find Job in America?
7. Is any helpful association who can help her?
8. Who can help her?
9. How can she apply for U.S.Citizenship?

please Help Us . God Bless you Lot Lot Lot.
Click to expand...


Some how she needs to hold for two years after that she will be able to apply for the removal of condition. Once this is done then she is free to get divorce.

Contact an attorney you need help here.
 
number30 said:
Some how she needs to hold for two years after that she will be able to apply for the removal of condition
Click to expand...

removal of conditions for PR, you mean?
the OP just says "she has 2 yrs visa" ... does he mean she has (conditional) PR or some other type of visa? it's not clear to me...
 
Do you right now live in India or US? if you are in US, why don't you let your sister & daughter stay with you until the matter is resolved one way or the other?

She can also contact "shelter for battered women" in the area where she lives..they might help her with food and shelter for a few days. I believe they also help in getting a job. I googled and got a couple of websites that could help,

www.saheli-austin.org/
www.sfaws.org/

They also provide legal help in getting back her visa/PP, etc.

Hope this helps.
 
Let me state the obvious. Won't she be better going back to India and have the support of your family to raise her daughter? If the marriage was either not Bona Fide or is not going to last beyond the removal of the conditions on the Green Card I don't think she has such a good case to stay in USA.
 
I have a friend who went through similar ordeal 18 years ago. I can't speak for people from other parts of the world..but, in India if you go back as a failure be it in marriage/job/...the social stigma is so unbearable it is better to tough it out here.
 
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