international divorce

hi there i am marrie do u.s.citizen in march 1999 and somehow we have major troubles in marriage i am in india and indian citizen. i dont know the procedure of internation interracial divorce...
what i know is she can serve me the papers for divorce to india and if i sign its acceped in us.court but i want to contest aginst divorce so for that i have to come to usa BUT can i force INS leagaly to give me visitors visa(temorary visa) (generally young indians r refused to be given visa to usa)
and do i need to hire lawyer for the cotest for divorce or i can do it on my own i u.s.courts?/

waiting for response
vikas.

I can thing the only reason you want to contest the divorce is if you want to live in the US.. or there are children involved ? What visa did you enter the US with ? I assume by asking about the visitor visa that it was a one shot deal or you did not get Advanced Parole before leaving.

Anyway, the INS will not grant you any special visa to sort this out as you can do it all with a US based attorney. They will figure that she is divorcing you and you are trying to get back into the US and then over stay your visa and not leave.

If there are no children or property involved then no point contesting it. Sign the papers and be done with it..

well dear
thanks for your response
but i have never visitied usa i am indian citizen.

i have to add further that we had no children or but ornaments of my mother is involved.which we give when she was married to me.

I need to have visa to come to usa not stay longer in usa as i am already in india.
now tell me can i tell INS that i want to go to usa to contest divorce and i want my ornaments back.
they may suggest to hire us based attourney but i want to contest on my own.

waiting for your response
vikas.

In which case you married outside of the US ?

Then you have less of a chance to visit as your spouse needs to petition the INS via form I130 to bring you in. Yes, you could try and come in via a visitor visa but there is no guarentee you will get it. If the INS has any information that you are married to a USC then you will not get passed immigration. There is no reason for you to contest a divorce in person since you can do everything via a US based attorney. That will be the INS position.

They will not let you in because they will assume you will stay.

Sorry.. but if you are determined to enter the US then all you can do is try.. but as I said, if they know you are married then you are on the next plane home.

thanks for your responses,

But as i mentioned earlier i want to make "divorce contest" a valid base to have them give me visitors visa a but u said they (INS) wont give me visitors visa becuase i can do the contest from us based attourney .
so its jsut a chance right??

i may get the visa or i may not.
I cant force INS legally to give me visitors visa to contest divorce ?/

vikas.

Basically, yes.. I do not know if India is part of the Visa Wavier Program so do not know if you have to apply in India or just fly into the US. However, if you apply or just fly in and mention you are married (regardless of the fact you are visiting to get a divorce) then they will not allow you in. This is because the only way to bring a spouse of a USC into the US is via form I-130.

The 'only' exception to that would be if you were Canadian.

thanks again,
she has already filed a petition I-130 for me in dec.1999 but she couldnt sponsor me becuase of lack of income on her side and we could nt find a joint sponsor thats why i am here now tell me what should i do?/

It depends on which way you want to go.. are you heading for divorce anyway or are you both still interested in being together ?

You mention major troubles ? Since she has already filed an I-130 then your chances of entry are currently nil.. wish you had told me that at the beginning.. For a lack of income for just two people she would have to be earning less that 13k a year.. ??

well,
we have some cultural differences and everything so some times we seriously think about divorce and some times we think to stay together ...
well let me tell u the whole story in brief as in march 1999 i got married in india and got back to usa in may 1999 and in june she started a job where she was earning around 2000$ a month with those 2 jobs she was earning she worked uptill dec.1999 and in jan she came back to india and than she stayed with me in april 2000 and went back again in may 2000 and started a job in NY again and than due to conflict with her father she moved to CA just a month ago in august and found a job there.

where she is earning around 1500$...

this is the story about her finanical picture i heard that sometime INS consider last one year tax return and income to be valid sponsor ....
u have mentioned 13K a year if i count from may 1999 to august 2000 (even deducting the four months she was in india in between her income was above 13K
what do u think can she alone be a valid sponsor for me .
I know i have changed the whole topic but there r two possibilities for this relationship and am exploring both the ways.

we havent decided to get rid of each other or stay together.
sorry for confused conversation.
vikas.

well,
we have some cultural differences and everything so some times we seriously think about divorce and some times we think to stay together ...
well let me tell u the whole story in brief as in march 1999 i got married in india and got back to usa in may 1999 and in june she started a job where she was earning around 2000$ a month with those 2 jobs she was earning she worked uptill dec.1999 and in jan she came back to india and than she stayed with me in april 2000 and went back again in may 2000 and started a job in NY again and than due to conflict with her father she moved to CA just a month ago in august and found a job there.

where she is earning around 1500$...

this is the story about her finanical picture i heard that sometime INS consider last one year tax return and income to be valid sponsor ....
u have mentioned 13K a year if i count from may 1999 to august 2000 (even deducting the four months she was in india in between her income was above 13K
what do u think can she alone be a valid sponsor for me .
I know i have changed the whole topic but there r two possibilities for this relationship and am exploring both the ways.

we havent decided to get rid of each other or stay together.
sorry for confused conversation.
vikas.

well,
we have some cultural differences and everything so some times we seriously think about divorce and some times we think to stay together ...
well let me tell u the whole story in brief as in march 1999 i got married in india and got back to usa in may 1999 and in june she started a job where she was earning around 2000$ a month with those 2 jobs she was earning she worked uptill dec.1999 and in jan she came back to india and than she stayed with me in april 2000 and went back again in may 2000 and started a job in NY again and than due to conflict with her father she moved to CA just a month ago in august and found a job there.

where she is earning around 1500$...

this is the story about her finanical picture i heard that sometime INS consider last one year tax return and income to be valid sponsor ....
u have mentioned 13K a year if i count from may 1999 to august 2000 (even deducting the four months she was in india in between her income was above 13K
what do u think can she alone be a valid sponsor for me .
I know i have changed the whole topic but there r two possibilities for this relationship and am exploring both the ways.

we havent decided to get rid of each other or stay together.
sorry for confused conversation.
vikas.

well,
we have some cultural differences and everything so some times we seriously think about divorce and some times we think to stay together ...
well let me tell u the whole story in brief as in march 1999 i got married in india and got back to usa in may 1999 and in june she started a job where she was earning around 2000$ a month with those 2 jobs she was earning she worked uptill dec.1999 and in jan she came back to india and than she stayed with me in april 2000 and went back again in may 2000 and started a job in NY again and than due to conflict with her father she moved to CA just a month ago in august and found a job there.

where she is earning around 1500$...

this is the story about her finanical picture i heard that sometime INS consider last one year tax return and income to be valid sponsor ....
u have mentioned 13K a year if i count from may 1999 to august 2000 (even deducting the four months she was in india in between her income was above 13K
what do u think can she alone be a valid sponsor for me .
I know i have changed the whole topic but there r two possibilities for this relationship and am exploring both the ways.

we havent decided to get rid of each other or stay together.
sorry for confused conversation.
vikas.

hi there,
yes u r right we r not sure if we want to seperate so i am just sharing the possibilities with u ...sorry if this confusinon has given trouble to u .

I think you should talk to someone in INS to straighten the mess out. But hurry because in CA, if you do not respond with in 60 days, I believe, the Judge can grant the divorce without your signature.

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