Can my wife force me to leave and divorce while my application of permanent residence is pending ?

[Broken.heart 0]

But why? What crime I have done ?

But why? What crime I have done ?

[Darnell 8,479]

i don't understand the question, sorry.

You not consult with a divorce attorney prior to leaving the USA. Jim mentioned to do that, back in post #10, prior to you leaving the USA. I have to assume that you not consult a divorce attorney, as you not mention it here in your topic after post #10.

[Broken.heart 0]

Ohh... Yes I did. There were too many complications for that.

1. In Ohio you can't file divorce if you are not married and resident for 6 months.

2. She was pregnant so can't get divorce until baby born.

There were many complications. I never wanted to just get GC only. It was best for me at that time go back as mentally and emotionally I was totally broken.

What happened its happened, what is next now ?

[Darnell 8,479]

there is no 'next' for you, except to wait for any divorce documents from your wife or your wife's attorney.

[JimVaPhuong 4,863]

There is no contact with her. She is kind of underground now. I visited New Delhi US embassy and they said they can't help anything but they have canceled my 10 years visa.

My landlord sent me the USCIS letters saying that she withdraw her I-130 but your b-2 visa conditions will remain same. Even before leaving US I called USCIS and they assured me that my visa will not be revoked if I can return before my I-94 expires. I don't understand then why they have canceled it here now.

USCIS has nothing to say about whether or not your visa is canceled. That's up to Department of State, which is the department that the US embassies are part of. The only thing USCIS has to do with it is they can give Department of State derogatory information that could result in your visa being canceled. They apparently indicated they wouldn't do that, but that doesn't force Department of State to allow you to keep the visa. Apparently, the consular officers at the US Embassy determined that you were too much of a risk because your incentive to overstay is stronger than your ties to your home country. By attempting to adjust status and get a green card so you could stay in the US you have effectively proven that they are right. They're not going to take a risk of you trying that again.

I don't know if still she is carrying the baby or aborted it ? How can I file a divorce from India?

There are ways to determine if she kept the baby AFTER it's born. It's not really possible before then unless you simply ask her. Abortion is a procedure that's protected by doctor/client privilege in virtually every state I'm familiar with.

I don't know anything about the divorce laws in India, but I do know that a divorce obtained in a foreign country would be recognized in the US. You don't necessarily have to divorce in the US. However, if you're hoping to retain parental rights for things like visitation then you'd probably be better off getting the divorce in the US as a court in another country can't compel your wife to do anything. At the very least, you'd probably need an affirmation of paternity or a DNA test.

So, is it possible to fight against their decision or its possible for me to get another visa if I apply a new application ?

A consular officer's decision is not subject to appeal or review by anyone. Not even the President of United States can overturn a consular officer's decision. Of course, you can always apply for another visa. This will essentially involve trying to convince them they were wrong to revoke your previous B2 visa. It's an uphill climb, but it's not impossible.

Ohh... Yes I did. There were too many complications for that.

1. In Ohio you can't file divorce if you are not married and resident for 6 months.

2. She was pregnant so can't get divorce until baby born.

There were many complications. I never wanted to just get GC only. It was best for me at that time go back as mentally and emotionally I was totally broken.

What happened its happened, what is next now ?

You can hire a divorce attorney in Ohio. He can find out if she's filed for a divorce, and he can represent your interests in court. Or, you can simply allow the divorce to proceed without your involvement, and everything will be decided in her favor by default.

I'm no divorce attorney, but a little warning here: If she get's an order for child support then you could be accumulating an unpaid child support bill without even knowing it. If you manage to get a visa and go back to the US then you could be greeted at the airport by family court enforcement officers who could arrest you for child support arrears.

[Broken.heart 0]

Dear Jim,

But I didn't overstay. I wrote a letter to USCIS for withdraw my I-485. I left us 16 days before my I-94 expires.

Yes, many people's try to do all the to remain there. USCIS send me notice of decision and the are stateing that could file for VAWA and some other things which I new while I was there. But that was not my motive. I still don't want to settel in US but visit to my child (if exist) and friends. I already been to US three times and 12 other countries.

I liked your posts and are verymuch helpful and convincing. Please advise me that what are my options and what should I do next.

[anajnic 87]

Dear Jim,

But I didn't overstay. I wrote a letter to USCIS for withdraw my I-485. I left us 16 days before my I-94 expires.

Yes, many people's try to do all the ###### to remain there. USCIS send me notice of decision and the are stateing that could file for VAWA and some other things which I new while I was there. But that was not my motive. I still don't want to settel in US but visit to my child (if exist) and friends. I already been to US three times and 12 other countries.

I liked your posts and are verymuch helpful and convincing. Please advise me that what are my options and what should I do next.

I dont know what to tell you only that my heart breaks the pain you must go through. Hope and pray for the best. Everything has a way of working out. I still will advie you to get a DNA test and take it from there. Its good that you can go back and forth, so if the baby is yours you can file for visitation and all that good stuff.

[Tanya and Barry 59]

Jim nailed it

As always...