• Divorce, remarriage, and dependent visa

Hello Sir/Madam,

My name is shukla and I am from Bangalore . I had filed mutual consent divorce with my husband on December 2013 . Because of certain family and emergency situations we had a few adjournments and now my final hearing date is March 30. I am planning to remarry my old friend (Koushik) after divorce in mid of april . He is also getting divorced in March 24th. He is currently in USA on L1-B visa .

The custody of my daughter is given to my husband as per mutual consent. However, in February 2015 My husband was planning to go to USA because of urgent Office trip . His father was having high sugar issues and his mother is old so they could not travel and hence he was planning to take our daughter with him but he cannot manage her .Hence, I decided to get a B2 visa done and travel with him to take care of my daughter. But he was not having enough money to borne my expenses and his office was not sponsoring me .Hence I got a invite letter from Koushik for getting B2 visa .

While filing the DS160 my agent told me to file the maritial status as \"Married\" because the bangalore mediation court did not issue any \"court order showing that we are legally separated\" . Our lawyer also did not give us any document after mutual divorce case filing. So, as per the agent i put maritial status as \"married\" because I am still not divorced . The visa application got rejected for 214(b) and my husband\'s trip also got cancelled from office.

Now my question is -

a) After my final divorce on 30th march and remarriage in mid of april when i apply for L2 visa  through my new husband (Koushik) . will the consulate ask about my old B2 visa DS160 maritial status , which is given as married? ANd they might question me why i did not show \"legally separated\" at that time. 

b) will this affect my L2 visa application
Asked 1 year ago in Family Law from United States
Religion: Hindu
1) as on date of your application in Februray 2015 you continued to remain married to your husband . no divorce decree has been passed till date 

2) no false statement has been made by you . no court order for judicial separation has been passed by court . 

3) it would have been better if you had stated married but divorce case pending . 

4) you can in your subsequent application for L2 visa mention that  since marriage was still subsisting on date of application of earlier visa you had written in your earlier Ds 160 application  married
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
1. Unless and until the court has granted divorce you ought to represent yourself as 'married', failing which penal prosecution can ensue. Your lawyer could not have given you any document.

2. The reasons for rejection are not clear. Be that as it may, the rejection of your visa application will not affect the tenability of the new application which you intend to file after you remarriage, albeit the consulate will inquire from you regarding the previous application. You should show the judgment of the court granting you divorce to the consulate.

3. One is not legally separated until and unless the court grants him divorce.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You have not done anything wrong in mentioning that you are married since you are still married and if your husband refuses to appear during 2nd motion on 3.3.15, then it will be postponed and after 18 months your MCD petition will beb rejected,

2. When you reapply for your Visa, you can mention that you are married. If the concerned person of the consulate enquires about the marital status you mentioned in your earlier application then you shall have to convince that what you had stated was right since as per India law, a person is stated to be married till he/she is granted a decree of divorce by the appropriate court,

3. This should not effect your visa application al all logically.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
you can not solemnized remarriage just after the divorce unless period of limitation to appeal is not lapse.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Dear Querist
my opinion on your queries are as under:

a) After my final divorce on 30th march and remarriage in mid of april when i apply for L2 visa  through my new husband (Koushik) . will the consulate ask about my old B2 visa DS160 maritial status , which is given as married? ANd they might question me why i did not show \"legally separated\" at that time. 
Opinion: Your maritial status is married till the final decree of divorce passed by the Hon'ble Court, there is no issues on this point you may raise the objection before the Consulate that this should not be a reason for rejecting the visa, there is no false declaration and there is no legal separation from my husband. 

b) will this affect my L2 visa application
Opinion: Should not affect.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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