On L-2 can i live without husband consent

[Shaffaly]

Hi, I am on L2 (valid till Nov'13) and is currently working. My husbands and I have conflicts and he wants me to leave the country immediately (in 1-2 days). He says that if I won't go he will call the police and put me in jail or deport me immediately. However, I want to stay for 2-3 months to compile my life here and meanwhile look for a job in India. Also, my current company has filled H1b for me this year(though don't know the result of lottery yet). and also I am pregnant. I know even if he file for our divorce, by Hindu marrige act it will take atleast a year.

1) Can I stay here in US on L2 and continue my job, without my husband consent legally?

2) If I get H1b can I stay here and work till September.

3) My husband don't care if I abort a baby or keep it. Is there a legal way that I can have the custody of my child.

[nineballs]

This situation calls for a call to an experienced attorney.

From what I've read on all the forums, I think you can very well stay in the US, if you have a valid L2 visa. Call to the police won't have any problems. You are a legal resident of the US and police doesn't put you in jail just because your husband wants to. You are a dependent of your husband, from visa perspective, but not anybody's slave. You have all the rights in this country that any other legal alien has.

Its true that your L2 status is tied to your husband's L1 status but there is no way for him to make you an illegal alien (unless you get a divorce or he leaves the country).

As long as you are married and he is in the country (or on a short trip outside) and has his job, you should be good. Best of luck. Hope you succeed in everything you do. Best of luck for your H1 lottery. hope you get it.

[JoeF]

You need to get marriage counseling, not a forum.

[pontevecchio]

Give the firm of Murthy a call soon. If you anticipate violence call the police.

[t75]

He cannot just have you put in jail or deported. You can file for a US divorce but it will not likely be granted until after the birth of the baby; the primary custody of the baby would most likely go to you by US laws and practice; however, enforcing rulings if you both are in India may be an issue.

I suggest that you consult both immigration and family law attorneys in the US and India to create a plan that is most advantageous to the child. I also suggest you speak with your family to determine what support and assistance with the baby would be available to you if you return home very soon.