QUESTION
Would a marital issue affect my immigration status or visa renewal or green card or H1b extension?
Asked on Sep 15th, 2014 on Divorce - Washington
More details to this question:
I am married and on H1b since 1 year in USA. My wife is on H4 and we have 7 month old kid who is a US citizen. Things between me and my wife are not good and she acts very weird at times. She keeps on fighting 24/7 and don’t just think about any consequences be it public shouting, screaming, etc. Once, I filed a non-criminal incident report at local police station as my wife was threatening me of false accusations. Police just wrote a non-criminal incident report and nothing was done after that from police or court side. Once, we both had an argument at parking lot and my wife was screaming, so someone called the police and took our names, date of birth, address and went away seeing that we had normal argument. Nothing happened after that from police or court side. After that, my wife went to India for couple of months. We had the marriage counselling done and marriage counselor told me that my wife is suffering from a personality disorder. My wife is in India now and I told her family about this but she isn’t ready to go to a doctor. Now, when if she comes back and something similar happens (that she makes my life hell), can I report to police and send her to see the doctor? Would the marriage counselor come handy here though he hadn’t given any report now? Please let me know. How can I come out of this situation as she is not ready to give divorce and ready to make my life hell?
3 ANSWERS
I would suggest that you consider asking your question to an attorney that specializes in Immigration Law, instead of an attorney that specializes in Family Law.
Answered on Sep 23rd, 2014 at 6:55 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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As a resident of the US I assume from Michigan you can divorce her here without her permission because Michigan is a No-fault divorce state. However I am not sure if India will accept a Michigan/US divorce. A divorce here will not affect YOUR US immigration status as H1B holder (temporary residence permit) .. only hers since she would no longer be eligible for a H4 visa. However a domestic violence report against you may affect your chances at obtaining permanent residency (and eventually citizenship) here in the US if that is a possibility for you . Your son's status as a US citizen could complicate things.. so is your son here with you or in India with her? You neglected to say. I recommend consulting a good attorney familiar with both immigration and family law.
Answered on Sep 23rd, 2014 at 6:55 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you want a divorce, file a divorce. Because there is a child, the court can then order her to get treatment if there is an actual basis. However, as far as your immigration status is concerned, the family court can not address that. Neither of you has any permanent status so when the visa runs out you'll have to go back unless you have an employer who is willing to reapply for you. You may both have to go back to your country of origin when the visas run out.
Answered on Sep 23rd, 2014 at 6:54 PM