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Can i go to USA on B2 tourist visa to appear in court USA ?
28-Jul-2023 (In Divorce Law)
Hi, Immigration Suggestion NeedednnCan i go to USA on B2 tourist visa to appear in the court trial under divorce case ? And also can i live in husband's home. ?nnMy Husband is in USA currently hold H1B visa, Meanwhile greencard holder will be soon.nWe had a lot matrimonial dispute happened between us, After some time he will sent separation notice to me. I can back to indiannNow I receiving Divorce notice from Wisconsin Court USA.nnCan I go to there on B2 tourist visa to fight the legal battle.
If your marriage was solemnised in India, I would suggest you to file a case of your own against him under domestic violence act claiming residence rights in your matrimonial home apart from other reliefs. Simultaneously to bound him to come back to India you should get an FIR lodged against him for dowry demand and cruelty and other offences as applicable. For assistance you may consult me.
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Adv. Puneet Srivastava
Adv. Puneet Srivastava
Delhi | 700+ Answers
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Yes if you have received a notice then you must go to put out your points of defence. And it's advisable for you to initiate some legal proceedings from India as well so that you need not go anywhere. You have got so many options here. You can claim your monthly maintenance by filing a petition under section 125 CrPC. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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for litigation there is a saperate visa issued by the embassy. please check with their website. If your husband let's you live in his house it is the best, things could turn out positive in reconciliation of the marriage. You may try getting virtual link to the court and attend proceedings online. If the reconciliation of marriage doesn't take place you may also file for maintenance and alimony. You may also file a case in India where the marriage took place or where your husband belongs from, for maintenance. Also if there was any physical abuse by him or his family you may file for domestic violence in which you may ask the court for portion of his house which is called as matrimonial home. May be because of your Indian case he will drop the plan of divorce. He may also be harassed coming to India again and again to attend court proceedings. During the trial, courts refers the matter to mediation where the mediator tries to settle the matter and bring a workable solution.
Do let me know what you think.
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Adv. Maaz Akhtar
Adv. Maaz Akhtar
Delhi | 100+ Answers
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Rather than going there and incurring huge expenditure on litigation you would be better off filing a divorce or other matrimonial cases here in India itself since both you and your husband are Indians.
the courts in India have jurisdiction in the matter.
should you have any queries feel free to contact me
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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For type of visa for trail u need to talk to visa department ! We need more information on it as in Dudu u get married in India ? Etc
U might hv options to file cases from India too !
B in touch …for the concerned court u can join online too
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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