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kumkum
01-01-2013, 10:29 AM
Hi all,

Happy new year.

Please excuse me if I am asking irrelevant questions here.

My name is Mohan and I am on H1b.I got married on 2009 and after 3 weeks of my marriage I have started my family in Texas and after that I never stayed in India single day even.My wife left to india on 2010 and forced me come back to India.I declined her proposal (I told to her very clearly before marriage it self that I am not interested to come back to india in near future).After I declined her proposal she filed a false 498A(domestic violence and dowry harassment)case on me and my family and went to media.My parents got anticipatory bail and they are safe now.Since I am here in USA I am also in safe side.After she filed the case on me I applied the divorce here in USA and I got divorce here. To withdraw the cases on me in India my ex-wife and her family members are demanding huge amount which I cannot afford.

Now I am planning to move further in my life and I am planning to get re marry. Since I haven't got divorce in India I am not suppose to get marry in India officially. So I am planning to get marry here in USA it self.Some of my relatives are interested to give me their daughter.

Here I am need some advise is it possible to bring my fiancee to here and get marry here.My present immigration status is H1B.

Can you guys please share your thoughts in this regard?

Thanks in advance and once again happy new year.

Regards,
Mohan.

richasamuel@yahoo.com
01-01-2013, 12:34 PM
Apply for Anticipatory Bail in India then go & get married in India.Then you can bring your new spouse to US,If not tell your Fiancee to apply for some non-immigrant visa like B visa for visitors then she can come here,once she is in US get married then & then apply for change of status.

vinzak
01-01-2013, 01:09 PM
You are either divorced, or you are married. You cannot be divorced in the US and be married in India. So you need to sort that part out first. Else, you might be committing bigamy and causing further problems down the line.

Also, fiance visa is only available for fiances of citizens. Since you're an H1b, you can only apply for H1/F1/B visa for your fiance. For a F1 (student) or B(visitor) visa, revealing that she plans to get married here will jeopardize her application, since a condition for this visa is clear intent to return.

kumkum
01-01-2013, 01:15 PM
You are either divorced, or you are married. You cannot be divorced in the US and be married in India. So you need to sort that part out first. Else, you might be committing bigamy and causing further problems down the line.

Also, fiance visa is only available for fiances of citizens. Since you're an H1b, you can only apply for H1/F1/B visa for your fiance. For a F1 (student) or B(visitor) visa, revealing that she plans to get married here will jeopardize her application, since a condition for this visa is clear intent to return.

I am not planning to marry in India, planning to get marry in USA only.I don't think out side of India marriage will be recognized by Indian govt.If it is going to be recognize by indian jurisdiction, foreign divorce also should be recognized.

ivgclive
01-02-2013, 02:16 PM
I am not planning to marry in India, planning to get marry in USA only.I don't think out side of India marriage will be recognized by Indian govt.If it is going to be recognize by indian jurisdiction, foreign divorce also should be recognized.

Your divorce in US does not void the indian marriage.

If your wife's first complaint is a fake one, now you give her a reason to file a valid complaint that you married second time before legal separation.

kumkum
01-02-2013, 02:44 PM
Your divorce in US does not void the indian marriage.

If your wife's first complaint is a fake one, now you give her a reason to file a valid complaint that you married second time before legal separation.

not sure what do you mean by "now you give her a reason to file a valid complaint that you married second time before legal separation".I am planning to marry here in USA since I have valid divorce here...Indian jurisdiction will recognize foreign marriages? if yes its doesn't recognize foreign divorce?Once again I am not planning to get marry in Inidia at all.

coopheal
01-02-2013, 03:30 PM
I am not planning to marry in India, planning to get marry in USA only.I don't think out side of India marriage will be recognized by Indian govt.If it is going to be recognize by indian jurisdiction, foreign divorce also should be recognized.


You should consult atorneys in India and USA regarding this.

Do not take 498A cases lightly. No matter how fake the case is against you and law in India heavlily favors plaintiffs.

ivgclive
01-02-2013, 03:46 PM
not sure what do you mean by "now you give her a reason to file a valid complaint that you married second time before legal separation".I am planning to marry here in USA since I have valid divorce here...Indian jurisdiction will recognize foreign marriages? if yes its doesn't recognize foreign divorce?Once again I am not planning to get marry in Inidia at all.

To make it clear...

Laws regarding marriage in India do not allow a second marriage without proper legal separation in India.

You can go to another planet and marry a girl, fine as long as you can lead a concealed life. But if your first wife proves that you get married somewhere (india, us mars, moon or jupiter), in the "eyes of LAW (India)" your action is considered as cheating. If she files such a complaint with proof, it is a valid case and you can not escape from it as the crime was already committed.

Dude, if it is that simple, guys can marry in India and get divorce in Somalia. They used to do that few decades ago. They are old stories. Now LAWs are changed and nailed those options.

You have two options: Live with her or Leave her legally

Thinking any other short-cut is a way to penitentiary sooner than you expect, because from what you have stated in your first post, your wife is not an easy person to let you off hook easily.

spicy_guy
01-02-2013, 05:08 PM
Sorry to hear about your situation.

I agree with what others said.

1. Get the divorce in India (If you ever want to go back to India even in future... even when you retire) before you marry another Indian Girl here.
2. If you plan to settle here for life, you are fine. You need to sort out Visa issues here and you are fine. But again, you canNOT go back to India without a strong case against you.

As the other person said, you are strengthening the case against you by marrying someone else here (while your previous marriage is still in effect, in India). Again, this applies only when you go back to India for any reason.

Hope this will be alright.