hi, i just want to know this. Iam on L2 , married only for 3 months in India now and feel that the marriage is completely not compatible.but donot want to go back to my country
1. can we get divorced here?if so will i be denied of my visa?
2. what can i do so that i can stay back?
3.if i find someone who iscomaptible and remarry cani change my status accordingly?
please help.
The quick answer to your quesiton is that you can seek a divorce in the United States, however beause your immigration status is tied to your relationship with your present status, you would become an illegal alien the moment the judge issued the divorce decree.
If you wish to remain in the USA after the divorce, I would recommend consulting with an immigraiton attorney to find an independent source of immigration status such as student (F-1) or temporary worker (H-1B) before filing for divorce.
If you were to find another person that was compatable and re-marry and that other person happened to be an US citizen, then you would be able to adjust status to permanent resident based on your new spouse's immigrant visa petition.
I hope you find this response helpful.
Rick
Divorce law/family law is controlled by the state where you live. In general, if you are in the US on a L-2 visa status, you should be able to get divorced in the US.
If you decide to get divorced, you might consider filing a change of status application from L-2 to B-2 to give you time to wrap things up and return to the US. You will not have authorization to work while in B-2 status.
While in B-2 status, you can research other independent visa statuses for which you may qualify - probably F-1 student visa status is the most viable, although that will depend on your interest and financial means to pay for school.
Your L-2 visa status and ability to stay in the US currently is tied to your marriage, so you need to consult with both a family/divorce lawyer and an immigration lawyer if you want to protect your rights and maintain your options in immigration law.
My understanding is that divorce in India is quite different from divorce in the US. While you are living in the US, you certainly can obtain a divorce from one of the states in the US if you meet the requirements for that state. However, the authorities in India may not recognize your US divorce. If you go back to India, the Indian authorities may give you troubles.
You may want to review Indian laws with someone knowledgeable of Indian laws before you start any divorce proceedings in the US.
