Hello, Thank you for looking at my case. I am getting married on December 5th and the girl whom I am going to get married is a divorcee. She got married In India and the guy is a green card holder here. Due to misunderstanding they decided to separate and the girl filed a case for divorce in India. She got an expat divorce as the guy did not turn up for any of the 6 hearings. The guy later applied for divorce here in the states and unfortunately that got postponed to December 18th. As my marriage is on December 5th, will there be any complications in future if I apply for H4 for her as she is yet to get divorced here even though she got expat divorce decree in india? Thank you so much for your help on this.
Hello
As she married in India and she got an ex parte divorce as the husband didn't turn up, her divorce is completely valid and legal.
The most he can do is to file an appeal but that doesn't matter as you would be married.
The case filed in the US district court is not maintainable.
Obtain a divorce decree from India and present it before the US district court in case of summons.
If she has expat divorce decree then you will not face any problem but if she has not any divorce decree then you have to wait for divorce.
1) divorce decree passed by Indian courts is final as no appeal has been filed against divorce decree by husband
2) I presume 3 months have passed since divorce decree
3) you are at liberty to marry the girl
If the lady has got decree of divorce ex parte in India and 90 days has passed therefrom you are free to marry her. The divorce case even if pending in USA has become redundant.
Since the girl has already got an exparte divorce in India and the same has not been objected nor there has been any effort from her ex-husband to set aside the exparte decree nor there is any appeal pending in this regard in any court, the divorce decree as of now is legally valid.
You may ask her to get a certified copy of the divorce decree and can attach the same to your H4 application for solving the purpose.
You need not be worried about the pending divorce case that he has filed against her before an US court.
She can file a memo before that court stating that their marriage was solemnised as per Indian laws and the same was dissolved by a decree of divorce by an Indian court and a copy of the divorce decree attached to the memorandum to be filed before that court may be read as part and parcel of that memorandum hence to dismiss the divorce cae filed by him as infructuous.
This step would ensure her to get relieved from ongoing divorce proceedings in that country.
Dear Querist
there are no complications in the future, as the Indian Court grant the divorce Ex-parte, this divorce shall be valid all over the world.
No. There will be no complications
No will not face any consequence towards her previous marriage which was performed in India and got divorce in India. If she has applied for no-fault divorce case than shy can win it easily.
A decree of divorce, though passed ex parte against a spouse, breaks the marital tie. Till the time it is set aside in appeal or in an application filed under Order IX Rule 13 of the Code of Civil Procedure or other appropriate proceeding, the dissolution of the marriage stands.
Where an ex parte decree of divorce is passed in favour of the wife, and the wife contacted the second marriage after expiry of four months, an application for setting aside the ex parte decree was not maintainable.
In Sneh Prabha v Ravinder Kumar the Supreme Court has held that the marriage of the parties has irretrievably broken down and there were no chances of the husband and the wife living together and as such the decree of divorce was granted.
Those who have divorced their spouses (H1B visa holders) on grounds of domestic abuse have also been brought within the purview of the new policy for H4 visa holders. They can apply for work authorization for maximum two years. Generally, spouses of H1B visa holders stand the risk of losing their H4 status if they file for divorce. They become undocumented immigrants once the divorce is finalized.
So check the things in US consulate .
1. Where your prospective bride was first married? Was it in India as per Hindu Marriage Act or Special Marriage Act?
2. If the answer is yes, then she is already divorced at the place where she was married. She won't have to avail decree of divorce from all over place on the earth.
3. She is entitled to marry you now. Hope copy of the Decree of divorce ossued by Indian court was already sent to her earlier husband.
If she got married in India and got ex-parte Divorce Decree in India, and the limitation time of appeal was passed then she can get married.
- Since , she got ex-parte divorce decree from Indian court , then she cannot marry with other person without waiting 90 days period from the date of passing that decree.
- Further , if that girl & her said husband is also in US , then they can proceed for mutual divorce there , and after getting the decree from US court , she can marry very next date.
- Further , if that guy filed a divorce petition in US in her absence , then the decree passed will not be legal in India.
