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Johnroadie

How to divorce if USA Citizen married in India?

By Johnroadie in Effects of Major Family Changes on Immigration Benefits

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pushbrk Grand Master

pushbrk   13,066

Posted
Filed: Other Country: China
 Timeline
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I'm a US Citizen and married to Indian Citizen in Hyderabad, India and like to divorce her (for some irreconcilable differences). What is the procedure for that? She got the CR1 Visa just 2 weeks ago and waiting for me to buy her a ticket.

You file for divorce under the laws of the County and State in which YOU currently live. Just as married is married, divorced is divorced.

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Understanding the big picture is priceless. Anonymous

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SimranS Explorer

SimranS   9

Posted
Filed: H-1C Visa Country: Hong Kong
 Timeline
Posted

I’m a US Citizen and married to Indian Citizen in Hyderabad, India and like to divorce her (for some irreconcilable differences). What is the procedure for that? She got the CR1 Visa just 2 weeks ago and waiting for me to buy her a ticket.

You should first of all write to USCIS to withdraw your Affidavit of Support so she can no longer use the visa to immigrate. As far as I know you can withdraw your affidavit anytime before she becomes a Permanent Resident, i.e. enters the US for the 1st time on her CR1 visa.

If you divorce her through a US court, the divorce will be valid under US law but NOT under Indian law. If the marriage took place in India, Indian law requires you to divorce in India as per the law governing your marriage (Hindu Marriage Act, Special Marriage Act, etc.).

pushbrk Grand Master

pushbrk   13,066

Posted
Filed: Other Country: China
 Timeline
Posted

You should first of all write to USCIS to withdraw your Affidavit of Support so she can no longer use the visa to immigrate. As far as I know you can withdraw your affidavit anytime before she becomes a Permanent Resident, i.e. enters the US for the 1st time on her CR1 visa.

If you divorce her through a US court, the divorce will be valid under US law but NOT under Indian law. If the marriage took place in India, Indian law requires you to divorce in India as per the law governing your marriage (Hindu Marriage Act, Special Marriage Act, etc.).

This is only an issue if one want to marry again under Indian Law. If the foreigner wishes to obtain their own divorce in India, they are free to do so. The USC is under no obligation to initiate such proceedings or even to cooperate.

Once he's sure he doesn't want the visa used, the first step is to contact the Consulate and have it revoked. The affidavit of support is actually in the sealed envelope in the foreign visa holder's possession, not with USCIS. It wasn't even submitted to USCIS. It was submitted to NVC.

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Understanding the big picture is priceless. Anonymous

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SimranS Explorer

SimranS   9

Posted
Filed: H-1C Visa Country: Hong Kong
 Timeline
Posted

This is only an issue if one want to marry again under Indian Law. If the foreigner wishes to obtain their own divorce in India, they are free to do so. The USC is under no obligation to initiate such proceedings or even to cooperate.

Once he's sure he doesn't want the visa used, the first step is to contact the Consulate and have it revoked. The affidavit of support is actually in the sealed envelope in the foreign visa holder's possession, not with USCIS. It wasn't even submitted to USCIS. It was submitted to NVC.

If there's any chance he would ever want to marry again in India, he needs to be sure he follows Indian law in this regard.

Is it enough to e-mail the consulate and say he doesn't want the visa used, and they'll revoke it? or does he formally have to withdraw his I-130/affidavit of support

pushbrk Grand Master

pushbrk   13,066

Posted
Filed: Other Country: China
 Timeline
Posted (edited)

If there's any chance he would ever want to marry again in India, he needs to be sure he follows Indian law in this regard.

Is it enough to e-mail the consulate and say he doesn't want the visa used, and they'll revoke it? or does he formally have to withdraw his I-130/affidavit of support

So, "if" and "first step" flew right over your head, eh?

Edited by pushbrk

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Ryan H Grand Master

Ryan H   3,821

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Johnroadie Newbie

Johnroadie   0

Posted
Filed: Timeline
  • Author
Posted

You should first of all write to USCIS to withdraw your Affidavit of Support so she can no longer use the visa to immigrate. As far as I know you can withdraw your affidavit anytime before she becomes a Permanent Resident, i.e. enters the US for the 1st time on her CR1 visa.

If you divorce her through a US court, the divorce will be valid under US law but NOT under Indian law. If the marriage took place in India, Indian law requires you to divorce in India as per the law governing your marriage (Hindu Marriage Act, Special Marriage Act, etc.).

Thanks so much for your suggestions. I really appreciate it.

himher Experienced

himher   634

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Indonesia
 Timeline
Posted

Indian law does not apply to a divorce awarded in another country.

Divorced is divorced.

You should first of all write to USCIS to withdraw your Affidavit of Support so she can no longer use the visa to immigrate. As far as I know you can withdraw your affidavit anytime before she becomes a Permanent Resident, i.e. enters the US for the 1st time on her CR1 visa.

If you divorce her through a US court, the divorce will be valid under US law but NOT under Indian law. If the marriage took place in India, Indian law requires you to divorce in India as per the law governing your marriage (Hindu Marriage Act, Special Marriage Act, etc.).

 

i don't get it.

 
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