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LawTalk, Attorney
Category: Legal
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My husband is an Indian origin Australian citizen and I am

Customer Question

My husband is an Indian origin Australian citizen and I am from India and have H1 visa , he came to usa on visitors visa and got married Dec 16 2013. He went to Australia on Dec 26th 2013 and came back to usa on jan 29 th 2015. Now he has dependent status
(H4). Before marrying me, His E3 visa got rejected thrice. After marriage, His dependent visa got rejected once and got his dependent visa. Now he is going to india on 05/15/2015 to change his visa to E3 and planning to return on 06/07/2015. Our relation ship
is not going well and intention to marry me is only for visa purpose, So, Now I filed for divorce. Could you please let me know, What are the options I have not to enter him to USA again with any visa. Can I cancel his dependent visa during divorce process?
Can I notify USCIS about this for not to approve his E3 visa . Please suggest me.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
While it is not possible for you to prevent your husband from coming into the US on a visa that he already has---and you cannot personally cancel a dependent visa, only a US consulate or immigration officials can cancel a visa, if you want him barred from the US, then rather than seeking a divorce, you should seek an annulment of your marriage on the basis of fraud and argue that his sole reason in marrying you was to obtain entry into the US.
When you are able to prove fraud and get the annulment, he will be unable to come back into the US. Alternatively, if you proceed with the divorce, after the divorce is final, you can notify USCIS that he is no longer a dependent and they can terminate his dependent visa status.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
What are the documents I need to prove that he did fraud and how much time it takes to get annulment in NJ.
Expert:  LawTalk replied 1 year ago.
Good afternoon,
Unless he admitted in writing that he married you only for getting access to the US, then there probably won’t be a "document" to prove that he defrauded you. You would prove fraud by showing that the marriage has been a sham, that immediately after marriage he abandoned you and didn’t return for more than a year.
If he suggested to you that he married you for his immigration status, you would obviously state that in your Petition for Annulment.
An Annulment takes the same amount of time, or less than getting a divorce does. You may seek an annulment without having to wait 18 months living separate and apart, and so you can file for the annulment immediately.
Generally you must have a trial to provide the arguments and evidence that you have to that he defrauded you in marrying you not for love but for entry to the US. It would be a good idea for you to have a local family law attorney assist you because they will know how to best prove the fraud. And when you win the annulment based on fraud by your husband, there is a very good chance that he will not be granted another visa to come into the US in the future.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you success,
Doug

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