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SriQuestion

Divorce in India is child custody from India valid in US

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I got my final Divorce decree from India. I am the primary applicant. My husband is dependent and in India right now. He has no valid visa or valid Advance Parole to enter US. I have the below questions.

1. I am on H1. What is the procedure for terminating his H4 (GC is in process). Do I need to let USCIS know about the Divorce decree?

2. I have 2 kids one is born in India and other one is a US Citizen.

Will I be asked for child custody or any document/authorization from my husband in below situations or any other situation in future?

a. Passport renewal

b. Sending kids to India or bringing them from India with grandParents

c. While enrolling in school

3. Do I need to take child custody here in US or India? If I take in India will it be valid for my son who is born in US?

4. I think for my sons passport renewal both parents authorization is needed. what if I don't have the details of husband who is in India and not in contact or not willing to

provide any authorization for passport renewal? Any alternative? Will they not accept divorce decree alone for my sons passport renewal?

Please reply. Anybody in the same situation?

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For the H4, inform USCIS.

For the rest, that's not immigration law. Discuss that with a divorce lawyer.

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You should talk to a Divorce Lawyer in your state and discuss all the implications. Does your Indian Lawyer have any

I will talk to Divorce lawyer in my state. I talked to Indian lawyer he said I need to file an OP for that. My concern is will it (child custody) work here in US since one of my kids is a US citizen. More over what all terms it should include to child custody if I get from India so that it works in US.

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You should talk to a counselor about what is best for your children. Having parents in different countries makes it difficult for both to be involved in their children's lives.  Is an H1B job really worth the cost to their well being and relationship with their other parent? That should be a bigger concern than anything on your list.

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You can find information on the US position on child custody at www.state.gov. Unless you have a court order of sole custody with no rights to the father, or a court order allowing you to bring your children to the US, or a notarized letter from the father, the US government may not allow you to bring your children to the US.

 

You do not need to do anything in relation to your ex-spouses immigration process. If you are divorced, he is not eligible. You could send a copy of the divorce decree to USCIS, but have no obligation to do so.

 

You absolutely should obtain advice from a US attorney specializing in international custody issues, to ensure you do not get into trouble which could cause you to lose custody.

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I am a little confused by the Attorney's response. The Attorney says that she need not notify USCIS of the divorce. So how will USCIS know that they are divorced? The divorce took place in India.

 

The only way for USCIS to find out if she divorced is when she lets them know.

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