Hi, my friend, the wife, gave birth to a daughter last year in Virginia. She went on a trip to their country in Aug. 2008, where his family seems to have created a lot of problems between them. He was expected to travel to visit her and his family in November, after having her dependent visa, which was expiring that September, extended (he is on an H1 VISA). He did not visit her, as promised, in November and has apparently not worked on her visa extension, and she is now unable to return to the US, as her visa has expired. I am now trying to help her out in different ways, mainly by acquiring information that might be helpful to her. I am wondering if it is possible for him to have initiated divorce proceedings against her in her absence, and under the false pretext that SHE left, abandoning HIM - he lives in the family home, she is absent (against her will, but who would know that?). If so, my question: is there any way to ascertain whether such a filing has taken place?

So this is a question regarding a POSSIBLE false claim of abandonment by a spouse who could actually be the one who did the abandoning in the first place.

I'd posted this question earlier, and got no response, but I realize I was not completely clear. Also, some minor details of the situation were incorrect. I would appreciate any answers that could be of help.

Actually, your details still aren't very clear. Are both spouses non-US citizens? If not, what is their actual status? Did one or both of them return to the US after the Aug. 2008 trip you spoke of? Which one is where at the moment ; in or out of the US? Is (or was) she expecting him to visit her in the US but didn't? This is way too hard to follow to give you any meaningful advice or suggestions. Clarify things, please ; then we can help you.

I will respond quoting your questions:
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Originally Posted by s_cianci

Actually, your details still aren't very clear. Are both spouses non-US citizens?

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Originally Posted by s_cianci

Yes, they are both non-US citizens. I thought that was clear enough when I said that he was on a H1 VISA.


Did one or both of them return to the US after the Aug., 2008 trip you spoke of?

She made the trip with the citizen baby, he was supposed to follow her after her visa expiry date after making arrangements to have it extended. But he did not visit her, and does not communicate with her. He now lives in the US as before, but she is stuck abroad.
Is this clear enough? I'm afraid I haven't said anything new.



Which one is where at the moment ; in or out of the US?

Again, she is out of the US, he is in Virginia.


Is (or was) she expecting him to visit her in the US but didn't?

No. She is not in the US. She is abroad. He was supposed to visit her abroad, and they had intended to all come back together. But he did not go there, and does not communicate with her. His visa status is OK, he continues to work here. He seems not to have applied for the renewal of his wife's status.

This is way too hard to follow to give you any meaningful advice or suggestions. Clarify things, please ; then we can help you.

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I am sorry, I tried my best to be clear. I hope this clarifies things a little, I have specifically answered each of your questions separately, at the risk of repeating myself. But I hope this is clear now.

Where is she?

Their citizenship may have a lot to do with the outcome of this.

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Originally Posted by Altenweg

Where is she?

Their citizenship may have alot to do with the outcome of this.

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Oh.. She is in India. They are both Indian citizens.