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shalini (software engineer)     17 October 2012

Justice to dependent wives in usa who been harassed

wife and husband are citizens of india.husband is on H1 (temporary work visa) and working , wife is on h4 ( dependent wise, no right to work), she is been harassed by husband  for dowry , character assasination and (no physical relation).he married the girl by loving her before marriage , he impressed her lot and at one point she started trusting him lot , n went blind and married her by convincing both sides(his parents took huge dowry by demanding and are not yet satisfied) and got lot of flaws .and to cover his flaws he n his family started harassing girl..here girl cant work coz of h4 visa, she applied for h1 and its taking too long time for approval, she cant go for studies as see spent money for h1 application and process .here her parents cant support her as they are far in india, her in laws hate her and possesive of son for money, dowry , husband harasses and asks for divorce ..what she can do in this situation?? if she returns to india what she can do ????how law can help her?



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 5 Replies

Tajobsindia (Senior Partner )     17 October 2012

1. Mutual Consent Divorce in Indian soils via PoA or video Conference which ever you can afford. Cooling period is minimum 6 months. Agreement of assets distribution as per parties joint consent happens in this mode to opt for the same.  H 4 status will change post divorce.

2. File Consent Divorce in US soils and same is applicable in
India. Assets of parties are instantly divided and both get equal share and speedier unlike Indian mutual consent where waiting period is 6 months.H 4 status will change post divorce.

3. If dowry articles are hiccups then ask your parents for one last time eTicket and come for a day back to
India and file a Complaint case and give PoA and let Law of Motion takes its own course including S. 406 IPC included for THAT eTicket costs too as now STATE represents yours gospels to its logical end. After filing Complaint Case return back to USA and back in USA seek Domestic Violence Protection from County Social Office setup where you both are living, which is just 10 minutes call away / reach away and beauty here is H 1 continues on US State Social Security expenses as the earlier filed Indian matter may not settle before next 5 - 7 years. Bake and Cake principels are apt applied here.

4. Ask back home folks to send eTicket and come back to Indian soils and in comforts of your natal home file S. 498a r/w S. 406 IPC as well as seek Protection Orders under DV Act and serve Notices via his Company to him. Here anyhow you say you are not working and on mercy of him living in a third world (oops highly advanced world i.e. USA with no family support system and daily being battered by HIM) whereas you are a S/W engr. so wait for Indian STATES logical conclusion in aforesaid Complaint cases and apply fresh for S/W jobs in USA being highly qualified. I mean why a battered married woman shall live 24x7 without protection with his perpretor that also away from her familiar homeland?


The aforesaid legal reply ideas are to give you one way or other HAPPINESS that is all hence restricted the scope to bare minimal wordings which are understandable to H 1 S/w engr. 

RAHUL KANSAL 9041629676 (ADVOCATE)     17 October 2012

helloo shalini 

                                 what is h1 and h4

shalini (software engineer)     17 October 2012

Thank u  Tajob ji, but i am trying hard to fix my marriage and everything is out of control...all together cheated me , i want to go with career...I feel divorce , is far from my thinking, its hard to go for divorce...my environment and my family cant accept it , situation is so worst that divorce is must..i been cheated by him and his family...they should regret what ever they have done ..how law will punish them? i want them to punished by law........i been tortured by in laws and him  for unnecessarily just the reason i married him

 

 

Rahul/////

 

h1 is temporary working visa status ..where  the immigrant can work  and earn  in USA

h4 is dependent visa...if any person married to h1 holder , she /he  comes under dependent and they get h4 status visa, they cant work, no identification(ssn) in USA

to work in USA , you must be holding h1,its really tough to get h1 or   green card(which takes 7 yrs to get the status))

or citizen ship( which takes more than 10 yrs to get the status)

shalini (software engineer)     17 October 2012

Thank u Tajob ji for your valuable advise.i dint read properly and questioned you again

shalini (software engineer)     17 October 2012

i stayed with him in US for 1 yr and i didnt tolerate what he is doing and one fine day i booked tickets and came to INDIA, then decided to stay with my parents.i lived in India for 5 months,there is no response from his side , my family , relatives waited for his side response for 4 months ,,relatives(included police) warned my in laws and they got scared , he again begged me to back for US,i came to US after 5 months, intialy he was ok , he was calm , after 3 months started showing real face by hiting ,dragging me on floor ,showing violence.....i came to US, so that my relation will start new, no girl wants intentionally to break marriage and her life, i love him, wat ever he thinks..harassment is to certain limt ..it severly effected  my health...without my grandma and parents i would have commited suicide by this time.......marriage issues and dowry issues are like hell...parents or inlaws they should support their children for happy married life...most of problems arises due to third person involvement, being dependent on third person even after marriage for wat ever support is it, controlled by parents or in laws after marriage........first n most believing false things, words spoken by third person,rumors etc etc


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