- This topic has 38 replies, 24 voices, and was last updated 1 year, 5 months ago by
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UHi all – I need some help!
my friend (female) is from India and is living in the US with her partner (both have H1B visas). They were married in India and have been married for three years, but she has been experiencing domestic violence and cruelty from her partner. At this point they have exhausted all options and she would like to proceed with a divorce and live a separate life. I read online that both people need to agree to a divorce in India, however is it difference if domestic violence / cruelty is present?
They got married in Hyderabad if that helps.
Pls share any workarounds or what you’ve seen!! Let’s help this amazing human out.
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UJust so you’re aware, domestic violence is taken extremely seriously in the U.S. Your friend’s husband is just one call away from facing jail time, losing his savings to legal fees and bail, and jeopardizing his H1 visa. Reaching a mutual agreement would likely be his best option.
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UWhat do you mean by reaching a mutual agreement? As in he should agree to giving her a divorce in India and not being difficult about it?
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UWhat I meant is that the next time he commits any act of domestic violence, she needs to call 911. This will get him on record. Keep in mind that the police conduct thorough investigations and need to be convinced that actual violence occurred.
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UThe wife has the burden of proof , if she cant prove it . She will be facing jailtime unlike india where women are not held accountable for false accusation in court.
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UAbsolutely not true. Yes the burden of proof lies with the victim but she doesn’t go to jail if she can’t prove it. For that the husband has to prove the accusations are fake and with malicious intent. The wife being unable to prove the charges doesn’t mean it is fake. Lack of evidence does not amount to falsehood.
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UAlso, Being a victim of domestic violence (which must be proven in court) can qualify her for a new visa category if she’s on a dependent visa. This would give her immediate work authorization, especially since the primary visa holder (H1) might face suspension, putting her and any dependent kids’ visas at risk.
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SNot true. Domestic violence by US citizen is covered and not visa holders. Unless she is a victim of trafficking and seeking ayslum
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UI’m not sure. My friend recently got her visa as the victim, while the accused was also someone I know. It’s a tough situation for me, caught between them, but a mistake is a mistake. She was on H4, but her kids were born in the U.S., which might have made a difference.
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SI would suggest simply go to india and file for mutual divorce and be done with it. Same can be done in US. Obviously there are two sides of stories. I have come across a lot of cases where wife goes to US on H4 and then find H1B in lottery and leave the husband.
Same way, wives get into affairs and all for green card from US citizens and leave their husbands. Hyderabad natives a lot of people I have seen suffering.
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SSorry to hear about you. I had met a VP in IBM whose wife of 17 years kicked him out of home. She got into bad company with empowered husband less women and fell into trap of being super independent.
She has a 16 year old daughter with her and she brings new boyfriend every three months. Daughter idea of happiness also screwed there.
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S1. what options are exhausted if domestic violence proofs are there and the lady has not complained to the US police?
2. Divorce can be mutual or one sided if she can prove domestic violence. but for that, she has to file police complaint in India and follow through . In case she is not interested in that, straight forward way is to file for mutual divorce.
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AWith so many cases rising it’s tough to distinguish between domestic violence victims and legal beggars
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UWhenever she is India , file 498a on all the members of him and his family. Then she can dictate the terms and settlement .
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NYou need to consult a lawyer. Not reddit. You don’t need mutual agreement for divorce.. You don’t need to prove DV too. You need to apply and list your reasons in India. The judge cannot make a wife stay with husband if she doesn’t want.. And wise versa. Get a lawyer. In US, physically separate her from the perpetrators.. No one should endure violence. Advise her to go to a therapist to heal. Even there, no one can make her stay with her husband if she doesn’t want to.. If the husband follows her or harasses her, get a restraining order. People can stay apart even without divorce. Safety is more important.
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