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Sagar1988

Validity of divorce in India, granted in US

By Sagar1988 in Effects of Major Family Changes on Immigration Benefits

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Sagar1988 Newbie

Sagar1988   0

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We both are Indian citizens, got married in India in 2015. I’m on h1b currently and she is on F1.

We are planning to get a divorce in US from the local state court to avoid the hassle of going to India during such sensitive times of new administration. 

I would like to know US decree will be valid and, honored in India in future. For example, if I would like to give h4 to my new spouse I’m guessing I will have to submit a decree at india U.S. consulate during the dropbox or interview whatever is the case. 

I am wondering if they will deny this decree since we are India citizens and were-married India however, decree was granted in US. 

Please share your experience or any information. Thank you. 

Boiler Grand Master

Boiler   46,576

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US Consulate would have no issue with a US Divorce.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   46,576

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No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Sagar1988 Newbie

Sagar1988   0

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Thank you for quick response. I am trying to make a list of things where I will need to submit this decree. I will appreciate your response. 

- If I plan to give h4 to new spouse, will I need a decree?
- When my employer files I-485 form, and I am married at that time with new wife. Will they ask previous marriage details? decree etc.? 

Boiler Grand Master

Boiler   46,576

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H4 is dependent on a lawful marriage to a a H1b, just a thought but your current H4 is in the US? and will depart on or before the divorce.

 

Yes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Sagar1988 Newbie

Sagar1988   0

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1 hour ago, Boiler said:

US Consulate would have no issue with a US Divorce.

 

6 minutes ago, Boiler said:

H4 is dependent on a lawful marriage to a a H1b, just a thought but your current H4 is in the US? and will depart on or before the divorce.

 

Yes

I’m guessing she will have to although I can force or guarantee that after divorce. Not sure if it can cause issue to my immigration related things. 
 

Once I remarry and let’s assume my i485 filling happens 2 years from now will I need to mention all this in file? Even though i will be married to a new girl by then?

Boiler Grand Master

Boiler   46,576

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I you bring one spouse to the US on a H4, divorce that one then try to bring another, well they may wonder what is going on.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

mam521 Proficient

mam521   2,374

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12 hours ago, Boiler said:

I you bring one spouse to the US on a H4, divorce that one then try to bring another, well they may wonder what is going on.

The OP indicated current spouse is on F1.

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

 
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