H1-H4 marriage issues, potentially leading to divorce--need advise

[lucky22]

Dear Experts,

I am currently on H1B visa and my husband is on H4. We were married in May 2010 in India in an arranged marriage and I came back to US in June 2011. My in-laws and my husband cheated us before wedding saying that my husband has a F-1 visa and can come to US anytime, which wasnt the case. He quit his studies while on F-1 visa and went back to India and started to work there without any intent to continue his studies in US due to financial issues. I came to know all of this after a week of my marriage and shut my mouth to keep the dignity of both families. I told my husband that I would sponsor his visa and fund his education in US to keep my marriage in tact. SInce then we tried thirce for his F2 visa and were rejected in all those attempts. Finally, he came to US in September 2012 on H4 visa. SInce then we had many fights, as he was expecting me to repay his education loan in India. I did not do that as I was saving money to fund his college here, and explained the same to him. He doubted me on a number of instances that I was financially helping my parents, when I was actually sending money to clear my education loan. He never believed what I had to say, and lately he has been accusing me of bad character and that I speak to too many men. I obviously have my friends, both men and women and also talk to my work colleagues as I have to work in a team.

He has physically abused me once and verbally abused me on a number of ocasions.I have taken some pictures of my bruises when he hit me on my face and also recorded some conversations when he verbally abused me. I did not call 911 when he hit me as I really wanted to try and save my marriage, which is seeming senseless at this point.

My question to experts here is if I can file for divorce in US even though we were married in India. What would be the financial consequenses I would face if I file for divorce as I have sponsored him for his H4 visa. I am currently taking care of all his expenses including health insurance and frequent vacations ever since he came here. Will I have to pay his monthly expenses even after filing for divorce if he wishes to stay in US and will I have to fund his education if he wishes to continue his education(I have already applied to few universities and signed to sponsor for his education). Experts please advice and I apologise for the long story.

[t75]

See a family law attorney and file for divorce. You can have him removed from your residence with proper legal authorization; see if you have evidence for a protective order which will allow police to arrest him if he violates it.

You may be ordered to support him until the divorce. Once the divorce is final, he will lose his H4 status and become illegal if he remains in the US. Continue to pay his health insurance until the divorce because you are financilly liable for his bills in many states until the divorce is final. After that time, you have only the financial obligations ordered by the divorce decree.

There are other legal forums that can provide you with better information on the US divorce process.

[lucky22]

Thanks t75, i really appreciate your reply. As of today I did not reach out to an attorney as things started to get smooth between us(which happens everytime after we have a fight). But I do not want to settle on this as I am sure he will repeat all of this anytime we have an argument

Meanwhile, my husband is going to visit India in a couple of weeks now and planning to return in 3 weeks. Will I be able to file for divorce without his physical presence in US? Also, he threatned me that he will harass my family in India if I plan to seek seperation from him. I want to know if I need to simultaneously file for divorce in India as well to protect my family from him. My intention is to have peaceful seperation from him but he has different thoughts if I plan to seperate from him.

[t75]

He need not be in the US for you to file. I am unfamiliar with any forum addressing Indian family law to which you might address your question on Indian law.

The fact that he is making threats should confirm that your decision to separate is correct. You would be best served by a family law attorney with experience and knowledge of international issues. Check the AILA organization to see if any have dual specialties in family and immigration law.

Above all, do not be afraid to seek assistance at a women's shelter if you are in fear of your safety.

[Pavel1111]

Hi 

I am going through the same situation right now. My husband and his family tortured me like hell. I tried to ignore most of the times but I cannot take it anymore. We have a 1 year old girl too. Looks like he used me to come to US and live closer to one of his sibling who is on H1b visa too. He and his family threatened me If I tried to move out they will file divorce and take the child’s custody too. I wanted to stay away for a bit so that things might change b/w us. What should I do right now? What will be the consequences if we go for divorce and how about the child’s custody? Please guide me.