Applied for K3 - Application Pending, Divorce Impending

[sunset 0]

Hi There,

I'm new to this forum but i think this is the place to post this.

i guess i'll start with my questions:

- For a marriage registered in India, while my spouse is still there, what would be the procedure for divorce? does a US court need to get involved?

- She is an engineer by profession but not working right now. does this short marriage entitle her to alimony from me?

- what happens to the K3 process?

- what changes if we decide to continue K3 as normal, i file I-134, she gets the K3 and we try to work things out here in the US. If it doesn't work out within a year of her coming here, does anything change from divorce procedures and alimony responsibilities?

here is some background if it helps:

my wife and I were married in jan '07 in India. I've know her for about a year in total with most of our communication being long distance until we got married. It was an semi-arranged marriage where we were intorduced by family and left to decide.

after marriage, she turned out to be very different than what she portrayed herself to be prior... she lives with my family in india but has total disregard and disrespect for my parents. turns out I was a bad judge of character and she is a major game player, lying for small things and does not have the family values she convinced me she had. on multiple instance i've found her telling me things entirely different from versions i hear from family, which seems like she is trying to turn me against them. for what purpose? i have no worldly clue...

my parents are very modern, educated here in the US and I have no reason to doubt them after being their son for 27 years. but while i was in love with my fiance, its like the wife i married is a completely different person that plays all kind of manipulative games.... still trying to make a decision on what to do, but i want to put emotions on the side for a minute and be practical about this....

Thanks for reading and your help in advance!

- S

[Boiler 43,576]

Divorce in India would seem the best bet

I have no idea about alimony, probably up to the Indian courts.

If you bring her here you will need to sponsor her - I864, which adds a another layer of responsibility. Not something you would want to do if you are not sure.

[sunset 0]

Divorce in India would seem the best bet

I have no idea about alimony, probably up to the Indian courts.

Thanks for your response boiler. So then is it true that if the marriage is registerd in India, and she is in india, then my being a US citizen does not involve any piece of the US laws?

Also since the marriage is registered in India, once she comes here on K3 (non-immigrant visa), would it be up to the US court or Indian court to process divorce filing?

If you bring her here you will need to sponsor her - I864, which adds a another layer of responsibility. Not something you would want to do if you are not sure.

Is the responsibility/liability the same between the K3's I-134 and the CR-1's I-864?

Or did i misunderstand the process and I-864 must be filed for k3?

[diadromous mermaid 36]

Divorce in India would seem the best bet

I have no idea about alimony, probably up to the Indian courts.

Thanks for your response boiler. So then is it true that if the marriage is registerd in India, and she is in india, then my being a US citizen does not involve any piece of the US laws?

Also since the marriage is registered in India, once she comes here on K3 (non-immigrant visa), would it be up to the US court or Indian court to process divorce filing?

If you bring her here you will need to sponsor her - I864, which adds a another layer of responsibility. Not something you would want to do if you are not sure.

Is the responsibility/liability the same between the K3's I-134 and the CR-1's I-864?

Or did i misunderstand the process and I-864 must be filed for k3?

You can initiate divorce in the USA. Most states require that one be a resident in that state for a period of time. Practically speaking, it's infeasible to expect people that marry to return to that country in order to divorce, even though it might be the most expedient, if one party is living outside the country.

[sunset 0]

You can initiate divorce in the USA. Most states require that one be a resident in that state for a period of time. Practically speaking, it's infeasible to expect people that marry to return to that country in order to divorce, even though it might be the most expedient, if one party is living outside the country.

sure, but i'm trying to understand the pros and cons of initiating it in the US Vs in India... if I initiate it here, the US laws would probably apply, if in India, I'm still trying to verify that only Indian laws would apply.... and how this difference could affect the outcome for both of us...

has anyone on VJ been through a similar situation? divorce during K3 process while wife is not in US?

thanks,

- S

[Boiler 43,576]

You can initiate divorce in the USA. Most states require that one be a resident in that state for a period of time. Practically speaking, it's infeasible to expect people that marry to return to that country in order to divorce, even though it might be the most expedient, if one party is living outside the country.

sure, but i'm trying to understand the pros and cons of initiating it in the US Vs in India... if I initiate it here, the US laws would probably apply, if in India, I'm still trying to verify that only Indian laws would apply.... and how this difference could affect the outcome for both of us...

has anyone on VJ been through a similar situation? divorce during K3 process while wife is not in US?

thanks,

- S

I have seen it mentioned.

In the US Divorce is governed by State laws.

To be sure you should consult Divorce lawyer's in both your State and India.

My gut feel is that you will be better divorcing in India.

If you are worrying about her taking an action in the US Courts after a divorce in India, then unless you are very wealthy, I can not imagine it would be practical.

And if you are, well you have other sources.

[sunset 0]

I guess questions that I had outstanding were:

- what happens to the K3 process if we get divorced? (it's currently pending at the CSC...

- what changes if we decide to continue K3 as normal, I file I-134, she gets the K3 and we try to work things out here in the US. If it doesn't work out within a year of her coming here, how does that affect me and her individually? Does she have to go back if I haven't started the green card procedures?

- what is the level of liability of an I-134 as opposed to the I-864?

thank you,

-S