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Ask Jen Marie, Esq. Your Own Question
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5219
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Not yet : It is about divorce issue. : WA : Not yet : I'm on

Customer Question

Hi Pearl
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: It is about divorce issue.
JA: Divorce can be tough for everyone involved, but arming yourself with accurate information is key to taking charge of a situation. For starters, can you tell me what state this is in?
Customer: WA
JA: Has anything been filed in court yet?
Customer: Not yet
JA: Divorce is seldom "one size fits all", so I recommend you spend a little time with one of the legal eagles we work with. It would be my pleasure to match you with the best fit. Is there anything else important you think the Immigration Lawyer should know?
Customer: I'm on H1 Visa
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Please tell me what is your specific question.

You will not be charged for answering my inquiries.

Customer: replied 1 year ago.
Hi Jennifer,I'm on H1B Visa in WA State, my wife is on H4 dependent Visa. I'm thinking about divorce since it is not going well between us. I haven't discussed this with her. We are married for about 3 years 4 months now and we have a baby girl who is 11months. We purchased a townhome on lastDecember, she is on the titles even though she has not contributed financially.
I know I can file for divorce in US even though I'm a Indian citizen, I want to know few things before proceeding. I'm not worried much about the alimony as long as it is limited for few years. I don't worry about the child's custody, anything is fine with me, though it is going to be very hard on me to leave my daughter she is such a adorable kid. But, I can't stand my wife. I'm ready to support my child fully.
If I file divorce here, what are the problems I can have if she doesn't agree or if she goes back to India and files the divorce there. How much financial losses I will incur?
Expert:  Jen Marie, Esq. replied 1 year ago.

I can only answer the questions as far as it pertains to immigration issues since I am an immigration expert. I can briefly answer the parts that related to financial issues in the divorce. I can tell you first that she will not be able to stay in the US if you two divorce because she will no longer have an H4 visa. The only way she can return to visit is if she is given a tourist visa B1/B2.

In most states even if she does not agree, you can get a divorce. You will have to check with a local divorce attorney in your area for the specifics. Technically even if she leaves the US, you must still pay alimony and child support. But of course, if she is not here, it will be difficult for her to enforce that. If the home is under both of your names, usually the court will either ask you to sell the property and split it or to buy her out of the property. I do not know about Indian law so I cannot tell you what will happen with a divorce there.

Good luck to you during this process and I hope this answer has helped you!

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

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Customer: replied 1 year ago.
Thanks Jennifer. How do I contact a local attorney? Is any one available via JustAnswer?I would like to understand more on what will be effects of she going to India and applying for a divorce there.
Expert:  Jen Marie, Esq. replied 1 year ago.

You're very welcome.

As I said, I am not an expert on Indian law. The divorce would be valid in the US if it is done in India but I cannot speak to alimony and child support.

To find a local attorney you can google one in your city or check on .

Hope this clarifies and hope I have earned your positive rating.