H4 is staying in US and not attending divorce case in court.

[SamMohan]

I am in USA on H1 visa. My wife joined me in US on H4 visa. We have a baby , born in US. From 2017 we are leaving separately, she is in India from then . I filed divorce case in India in October  2017. Both baby and mother are in India from then. Her H4 visa is valid until this  June .Divorce case is in process.In India she demanded my family for  X crores amount of  to compromise and get mutual divorce.We are not in situation to agree that amount and we cannot get settlement for cae.As case in pending to escape and get delayed she is not attending court regularly.

Now recently got known that she came to USA. After enquiring in India got know that she is in US from three months . And I don’t know where she is. She left baby in India with her parents.

Can I revoke her H-4, she entered US on my visa and she is staying somewhere?

Can I get custody of my baby, as she is US citizen and staying in India without Father and mother .

Thanks

[pontevecchio]

1. You cannot revoke anything. As long as you are legally married, she can come over in H4 status.

2. You will have to petition the courts in India. You are also asking a very specialist question best answered by a lawyer well versed in Family Law in India.

[SamMohan]

Thanks @evecchio.