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Old 02-21-2009, 04:24 AM
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Join Date: Feb 2009
Posts: 1

Divorce Advise & Spousal Support


I got married in September 2006 in India to a person holding h1b visa and .Here is my situation. I am on H4 and my spouse is on H1 Visa. After coming here in USA, We filed our Green Card ( He is Primary Applicant on EB3 Category with Approved I140), I got the Emloyment authorization Document (EAD). I started working on my EAD but now things are not working between us and I came to know that he got married to me to take ecconomic advantage of me and he used me to pay all his Debt( Credit card and Property).He never loved me. My in laws were keep torturing me and my parents. There were not allowing me to commnicate with my parents in india and if I do, thats nightmare...Till now I was trusting on him blindly and giving all money I earned and He was having total control over all my finances and bcoz of that 1. I do not have any financial security at this moment... 2. He have not renewed my EAD card on time and I lost my job. He cheated me.

Based on my limited knowledge, Please let me know what options are available to me.

I would like to know following:

1. Where should I file for Divorce : In India or In USA?
2. Should I go for contested or uncontested divorce? ( FYI...To file contested divorce in USA, I do not have money as he used all my earning to pay his debts. Is there any free legal help available in USA for immgrants like me)
3. Can my husband withdraw only my green card application and get my EAD cancelled during the period that the divorce proceedings are in the court?
4. CAn I get some protection from getting my EAD cancelled?
5. If my EAD is cancelled, I will be on H4 visa and therefore will not be able to work. In such a case can I get any temporary work permit to sustain myself during the proceedings of the divorce case and to fight contested divorce?
6. Are there any other visas which I can apply for?
7. If I plan to go to India and file contested divorce there as I dont have ecconomic resource to file it here...Can I do that and how much time does it take in India?


Any piece of advice would be highly appreciated.
  #2  
Old 02-21-2009, 06:42 AM
Senior Member
 
Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by dtsha View Post
I got married in September 2006 in India to a person holding h1b visa and .Here is my situation. I am on H4 and my spouse is on H1 Visa. After coming here in USA, We filed our Green Card ( He is Primary Applicant on EB3 Category with Approved I140), I got the Emloyment authorization Document (EAD). I started working on my EAD but now things are not working between us and I came to know that he got married to me to take ecconomic advantage of me and he used me to pay all his Debt( Credit card and Property).He never loved me. My in laws were keep torturing me and my parents. There were not allowing me to commnicate with my parents in india and if I do, thats nightmare...Till now I was trusting on him blindly and giving all money I earned and He was having total control over all my finances and bcoz of that 1. I do not have any financial security at this moment... 2. He have not renewed my EAD card on time and I lost my job. He cheated me.

Based on my limited knowledge, Please let me know what options are available to me.

I would like to know following:

1. Where should I file for Divorce : In India or In USA?
2. Should I go for contested or uncontested divorce? ( FYI...To file contested divorce in USA, I do not have money as he used all my earning to pay his debts. Is there any free legal help available in USA for immgrants like me)
3. Can my husband withdraw only my green card application and get my EAD cancelled during the period that the divorce proceedings are in the court?
4. CAn I get some protection from getting my EAD cancelled?
5. If my EAD is cancelled, I will be on H4 visa and therefore will not be able to work. In such a case can I get any temporary work permit to sustain myself during the proceedings of the divorce case and to fight contested divorce?
6. Are there any other visas which I can apply for?
7. If I plan to go to India and file contested divorce there as I dont have ecconomic resource to file it here...Can I do that and how much time does it take in India?


Any piece of advice would be highly appreciated.
We cannot advise you at all regarding the law in India, and this is really not the right forum for your questions regarding US law. You really need to try the immigration forum.
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