Urgent Reply Needed..plz help!

[living4morals 0]

Hi, I am a US Citizen and just got married recently and my husband is in his home country. He was here in the States for 5 years on H1B work(non-immigrant) visa but then moved back to India few days before our marriage as his visa got expired. I went there for marriage and came back but he couldn't come back as he couldn't get his H1B approved further. So, now I have to file for him. I am not so much familiar with all this immigration process. But all I know is I have to file I-130 form and also G-325A form for him.

Unfortunately, here is the problem. Sadly, we are having lot of problems in our marriage already. I am not so sure, but at the same time I don't want to throw away the marriage like this. I still wish to make it work and plan to go live there for few months after filing for him.

So, my question is let's say I file for him but meanwhile things don't work out and worst comes to worst and we decide to separate before he comes here then can I cancel/withdraw the petition? I mean can I stop the process with the immigration office, do they do that? Please guide me what is the process in this and any details you know relating to that please provide it .

Also, our marriage has only been registered in India not here as of yet since he is not here. So, if we do decide to separate then of course I have to file for divorce there with Indian laws. But since I had to file for his immigration,am I responsible to file for divorce here too, meaning do I need to proceed for legal separation here as well? Please guide me.

I would appreciate your responses. Please, no jokes and not looking for marriage counseling although, any genuine advice will be appreciated. Thanks in advance for your reply.

[Karen2011 0]

Hi, I am a US Citizen and just got married recently and my husband is in his home country. He was here in the States for 5 years on H1B work(non-immigrant) visa but then moved back to India few days before our marriage as his visa got expired. I went there for marriage and came back but he couldn't come back as he couldn't get his H1B approved further. So, now I have to file for him. I am not so much familiar with all this immigration process. But all I know is I have to file I-130 form and also G-325A form for him.

Unfortunately, here is the problem. Sadly, we are having lot of problems in our marriage already. I am not so sure, but at the same time I don't want to throw away the marriage like this. I still wish to make it work and plan to go live there for few months after filing for him.

So, my question is let's say I file for him but meanwhile things don't work out and worst comes to worst and we decide to separate before he comes here then can I cancel/withdraw the petition? I mean can I stop the process with the immigration office, do they do that? Please guide me what is the process in this and any details you know relating to that please provide it .

Also, our marriage has only been registered in India not here as of yet since he is not here. So, if we do decide to separate then of course I have to file for divorce there with Indian laws. But since I had to file for his immigration,am I responsible to file for divorce here too, meaning do I need to proceed for legal separation here as well? Please guide me.

I would appreciate your responses. Please, no jokes and not looking for marriage counseling although, any genuine advice will be appreciated. Thanks in advance for your reply.

It seems you are in a serious condition. You can always cancel the petition after filled or withdraw. He will only receive 2 years conditional greencard. I advice you decide first whether you want to keep this relation as filing papars and immigration process is not simple. Incase you cancel petition ater it may effect your future petitions. You marriage in india is recognised legally but if you dont mention it to usa, they wouldnt know. Hope that make sense!!

[Darnell 8,480]

you can cancel the petition any time up to the day of the interview.

re: registration in USA for the marriage - no need to do that, if you have GOVERNMENT issued wedding certificate.

*** not a K-3 visa topic, moving to IR-1/CR-1 forum ***