Wife has filed 498A case in retaliation.


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Currently I am in USA. My wife and her family have lodged 498A dowry harrasment police complaint against me in India. My wife had stayed in USA for 14months with me and our baby was born in USA. After my baby born--- me and my wife had travelled to India for vacation.


Since my baby was small I had left my spouse and wife at India and I came to US.There was some misunderstanding between me and my wife-- in retaliation she went and lodged 498A with Police against me and my family members. Police have not reached out to us and no charge sheet has been filed yet.


In the meanwhile i have learnt about this, applied for anticipatory bail and got the bail order from the court.


She had also forwarded the FIR complaint copy to my employer, US Consulate General and Indian Embassy asking me to deport me from USA and stop my H1b Visa extension which is due in Aug Month. 


I have learnt that the reply came from US consulate general asking her to share the court order if I am convicted by the court.(As of now only police complaint is registered)


I am concerned about below things.

1) As my I-797 is under extension, will it have any impact due to this as she had informed US Consulate General and they have asked for court order.


2)I have to visit my mother in India as she is not feeling well. Will I have any problem visiting India.


3) As I am visiting india now, I have to go for stamping. Will it have any impact.


Please advice what i need to do.

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  • 2 weeks later...

Sorry to hear about your situation. 


First, unless an India court finds you guilty, the US embassy will not care. Second, get a lawyer in India who practices in High Court. Depending on the exact FIR the Indian courts may or may not have jurisdiction in the case. If there is a ground for lack of jurisdiction, then the High Court can summarily quash the proceedings.


In addition get a stay from the High Court preventing your wife from approaching your employer/consulate etc. What your wife is doing is a smear campaign. For this, do file a counter case against her. 


You should not have any issues but do retain a good lawyer in India. 

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  • 10 months later...


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