Wife threatening 498a after GC is filed

[Ravi57]

Hi Senior members,

 

I'm looking for some advice here. My and my spouse's I485 has been filed earlier this year. Now we are running into some marital issues and she is threatening to go back to India and file a DV case and a 498A against me and my family. How will this impact my GC process?

She knows US laws and has not filed anything here. She wants to do it in India.

 

What are my options? How should I safeguard myself? Any advice will be SERIOUSLY appreciated.

 

thank you

 

 

[JoeF]

Your option is marriage counseling. Nothing to do with immigration.

[Ravi57]

Not sure how my post came across as an advice for marriage counseling.

I'm just looking at the options I have if she goes to India and files a false case against me and my family. Will my GC process be adversely affected.

 

[suffer.lifelong]

You cant do anything apart from pleeding her guilty, I have so many cases which is very common, but sadly us govt while issuing or while renewing visa will also give preference to other countries crime record.....Do what it takes but dont put any case on you if once FIR is filed against you life will be difficult fo you . 

http://********.org there is one forum which will be dedicatedly working for 498 fraud cases(hopefully yours also same category) dont worry be brave and accept what life has offered to you, US Is a short cut for good life, but not US is only good life. if fate has insisted to take troubles take it but dont let your courage down. 

[GcLLC]

The question is whether you want to remain married. If yes, then the answer is marriage counseling. If not, then you need to talk to a lawyer in US and in India and see what is the best option to pursue.

How long have you been in US? Is your wife on H1 or H4?   Typically the Indian courts have held that in such cases the jurisdiction rests with the Indian courts. Usually the way it works is that one of the parties approaches a higher court (typically the High Court) and gets an injunction preventing the other party from proceeding with a divorce in any other jurisdiction / country.  Generally when both parties are Indian citizens such a prayer is immediately granted. Given this complex situation the best way is to talk to an Attorney / firm with knowledge of both Indian and US laws.

[cap-gap]

the marriage counseling can be indeed beneficial if the threat is a manipulation attempt which is also a sign of immaturity....if you think your marriage is not reconcilable then read on..

It all comes down to how well you are "connected" in India. There is an official directive that the alleged in 498a cases cant be arrested without the explicit permission from an SP level officer. But your family can be harassed by the police for station visits etc..you need to hire a lawyer in India to keep up with the proceedings otherwise there will be an outlook notice on you at the airports. Other than that, it should not have any impact on your GC processing..

USCIS knows about the abuse of 498a and they have issued circulars on the same warning US citizens getting married in India.

[pontevecchio]

Get a WELL KNOWN Indian Lawyer involved and file for divorce on the grounds of mutual incompatibility, harassment or whatever suits the case if you do not want a rapprochement. Be aware that you need to be on sure ground yourself . If you are convicted of serious charges elsewhere then only does the matter possibly involve your GC.