sunny1000
12-14 12:15 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
wallpaper 3 6 inches on ruler. I mean, he had a ruler that; I mean,
dharmesh.pariawala
01-08 02:37 PM
I read on www.immigration-law.com
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
varadan73
12-12 01:00 PM
What if i leave it just like that?
2011 3 6 inches on ruler.
Sakthisagar
04-15 08:35 AM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
more...
manand24
10-15 02:10 PM
Hi,
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
I do not think so, my PD is 2006, I am not even dreaming about GC.
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
I do not think so, my PD is 2006, I am not even dreaming about GC.
vjone
08-28 03:17 PM
Good post.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
more...
trips2010
08-27 07:36 PM
Any one get refund from USCIS ??
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.
any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.
any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?
2010 3 6 inches on ruler.
chris
11-19 02:27 PM
I (we) know that they dont have proper system to pull the files based on PD/Country/Category etc.
Looks like they openly agreed that, Cant believe it. :eek:
http://www..com/discussion-forums/i485-1/244625389/last-page/
Please anyone find the official published link or verify the source this news.
Looks like they openly agreed that, Cant believe it. :eek:
http://www..com/discussion-forums/i485-1/244625389/last-page/
Please anyone find the official published link or verify the source this news.
more...
.JPG "3 6 inches on ruler. 3 6 inches on ruler. 3 6 inches on ruler. Silentwave")
gemini23
08-02 01:35 PM
Sanju,
This is indeed related to immigration issues, as many people have to get birth affidavits from india to usa and other places. I dont see whats wrong in using IV to discuss this courier issues.
Also, I dont know why would you link this with DC rally. I assume in good faith that people are going to show up at rally if they can, based on their circumstances.
Please do not make generic negative assumptions.
Peace.
People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.
This is indeed related to immigration issues, as many people have to get birth affidavits from india to usa and other places. I dont see whats wrong in using IV to discuss this courier issues.
Also, I dont know why would you link this with DC rally. I assume in good faith that people are going to show up at rally if they can, based on their circumstances.
Please do not make generic negative assumptions.
Peace.
People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.
hair 3 6 inches on ruler. 3 6 inches on ruler. at the
Eberth
10-16 04:49 PM
tnx
i founded it on ps7
:D
i founded it on ps7
:D
more...
wandmaker
12-09 12:53 PM
We all know what IV did for us during July bulletin fiasco. If not IV, we all will still be watching visa bulletins. At this juncture, we are talking about EAD and AP renewals. Contribute, and raise the bar.
hot 3 6 inches on ruler. 6quot; Promotional Ruler (3 Day
felix31
06-05 03:16 PM
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
more...
house a Day 6 inch Square Ruler
lfadgyas
01-13 09:42 AM
Assuming (but hope not) you will be laid off:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
1) If I get laid off and my employer cancels the h1b, Am i out of status?
No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)
As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues�
2) Can they cancel my approved i 140?
I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�
But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.
So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
-If you move: report your new address!
tattoo 2 6 inches on ruler. 3 6
chintu25
08-28 10:07 PM
could you please review this thread
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
if you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.
mail is bouncing back to that id
http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
if you are a recurring subscriber please mail details to info at immigrationvoice.org. We verify each member before adding in the donor forum.
mail is bouncing back to that id
more...
pictures 3 6 inches on ruler. 3 6 inches on ruler. 3 6 inches on ruler. Mattsasa
akhilmahajan
05-03 08:42 PM
that was pretty fast............ i wish everyone else is that lucky also........
dresses 3 6 inches on ruler; 3 6 inches on ruler. 2 6 inches on ruler. piece to 6-
h1bnogc
07-12 10:31 PM
Please respond to my question/options...this is very urgent and important given that PD is moving very fast....
more...
makeup 3 6 inches on ruler. 3 6 inches on ruler. 3 6 inches on ruler. Silentwave
gcdreamer05
11-19 12:59 PM
I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.
I dont think so, SSN is mandatory, without SSN # how will they pay social security taxes, and how will they run pay roll, ssn is absolutely need for work authorization. Without ssn if you work it is not legal.
I dont think so, SSN is mandatory, without SSN # how will they pay social security taxes, and how will they run pay roll, ssn is absolutely need for work authorization. Without ssn if you work it is not legal.
girlfriend 3 6 inches on ruler.
burgernfries
August 22nd, 2005, 09:49 AM
I read in interesting piece by Bjorn Rorslett on this very subject of stacked polarizers.
Bjorn says it is possible to achieve a sort of false color IR by stacking a Circular and Linear polarizing filters.
As an ND this is really not effective because it is anything but neutral IMO.
Bjorn says it is possible to achieve a sort of false color IR by stacking a Circular and Linear polarizing filters.
As an ND this is really not effective because it is anything but neutral IMO.
hairstyles 3 6 Inches On A Ruler.
visves
07-04 06:55 PM
Congratulations!! Enjoy your freedom!
There is hope....
There is hope....
iwantgc
05-08 10:51 AM
Thanks for your opinion.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
yabadaba
06-29 02:13 PM
bumpabaump
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