• F1 visa - filed divorce Jan 2013, false 498A filed in March 2013

Hi , 
I have a divorce case pending since 2013 January that I had filed against my wife. The girls family in retaliation filed 498A in March 2013 . I got anticipatory bail and have been fighting cases since then. 
The girls side never shows up on any dates and hence date after date . 

I got master admission in a top ranked college in USA and applied for F1 visa . They inquired about personal details and I couldnt lie and told about my pending cases .Now they have asked for Police Certificate and court documents .
Will my PCC state details about bail, 498A.
Will police give me clean to travel, my MS program is 10 months only .
What does it mean by submit court documents ?
What else can I do so I get F1 visa issued. 

I
Asked 5 months ago in Family Law from United States
Religion: Hindu
Hi 
1) Since you have honestly admitted the details of on going divorce proceedings and 498A cases, ideally it should not be a problem.
2) You will need to provide the entire case details (Petition, Written statement, copies of court proceedings etc) as of date to the consulate. 
3) Also since you have been granted anticipatory(not regular bail) bail, you need to check with your lawyer, whether you need any permission from courts in india to travel overseas as in some cases, anticipatory bail conditions are restrictive and prohibits travel. 
4) Normally police will insist on regular bail with no conditions attached to issue Police clearance certificate. Please ask your lawyer to guide you on this. 
5) One question you need to prepare is that you need to convince the courts in India and the consulate is that you do not have any intention to escape from the judicial process and also that your intention is to return back after completion of your MS program. So you will need to prepare well in advance to answer this query.

Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
1) you should submit all the details sought by the authorities  namely FIR lodged by wife, your anticipatory bail application recorded till dater , all evidence on record , charge sheet if any filed against you 

2) police clearance certificate
 is an official document issued by police, stating if a person has a criminal case against him. Police verify an applicant’s personal details and history to issue the certificate for a fee.

3) PCC will state details of your pending criminal case 

Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1) better wait for your court cases to settle and then apply for visa 

2) never suppress and material facts when you apply for vids 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Will my PCC state details about bail, 498A.

The police clearance certificate shall certainly mention about the pending criminal case against you and also the details about the case which is non-bailable and also about the fact that you are enlarged on bail.  Therefore during the period you are under bail, you are not supposed to travel abroad on permanent or long term basis. 





Will police give me clean to travel, my MS program is 10 months only .

What is the basis that the police will give you a clean chit when a criminal case is pending agaisnt you?  The police cannot give any such certificate for any purpose, you may have to re-schedule your program accordingly.





What does it mean by submit court documents ?

You have to produce an order by the court permitting you to travel abroad for the purpose of attending this long term course, that you can obtain it from curt by filing  petition and depending on the discretion of the court to pass an order as desired.




What else can I do so I get F1 visa issued

You have to follow the rules meant for this purpose. Consult a local advocate for any possibility in this regard.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
People suggest that I do not submit case details ,bail copy, etc to consulate, since they will never issue any visa to me henceforth .My charge sheet as per my lawyer has not much  against me as the FIR lodged by my wife very flimsy showing all false and baseless charges without any timeline  . I hope to win all my cases one day.
Is it best to drop F1 visa now and wait for my court cases to settle.Or by sending in all required case documents and PCC will not spoil my case with US consulate and they may grant me visa .
What is the general theory on this.



First of all you should understand that US laws for granting Visa are very tough and once there is an adverse entry fed to the computer with your particulars, it will reflect every time you may apply for Visa and you may not get Visa for ever until the Competent authorities granting approval for Visa are convinced and make corrections in the database that appears in your name. 

Do you think that someone will take personal interest in your welfare at the US authorities to change the status  even when you produce genuine documents?

If you can re-schedule your program, kindly do it by postponing your program until you are not fully discharged from the case either by acquittal or dismissal of the case. 

If you feel that this case can be won over easily, why dont you get it over in the trial and apply for visa after that?

Please make sure that you do not reveal any information about your criminal case pending before any court to the US authorities now in the application for VISA, it may draw an adverse impact which cannot be corrected so easily ever in the future times too. 
 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
1. PCC will mention the pendency of the 498A case. Police has no authority of law to decide whether you will get clearance or not. Only the embassy can take a call on this.

2. Submit your bail order and bail application along with FIR. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. That your bail is regular and not anticipatory makes the matters worse for you. 
2. If the chargesheet has been filed then a true translated English copy should also be furnished to the embassy. 
3. In practice the visa is not denied by the US Embassy due to the pendency of 498A.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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