Legal Question in Immigration Law in New York

i485 application & H4 spouse visa

My husband on H1B visa,divorced me in newyork, it was uncontested divorce, my divorcee status shows case disposed and disposition deadline is may 2009. My husband withdrew my I485 application in July 2008, in Sept 2008 My i485 status shows case sent to standard interview, I dont know how the status changed ,my H4 visa is valid till june 2009. I am in India now, can i go to Newyork, or will immigration stop me. Pls help me. I am very confused. My husband cheated me.


Asked on 10/26/08, 10:55 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: i485 application & H4 spouse visa

(1) The divorce is not valid;

(2) you may try visiting USA on H4 Visa. However, at the port of entry, they may question you about validity of marriage. You may state that you wish to contest the divorce filed by your husband and that you want to claim spousal support from a US court.

(3) If they do not allow you entry, you may seek cancellation of H1B visa of your husband on the ground of fraud and cheating.

(4) You may also consider registering a criminal case against your husband in India and bring a copy of the FIR / Look Out Notice / Arrest Warrant alongwith you for appropriate action against you husband through authorities in USA.

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Answered on 10/26/08, 5:51 pm


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