I came to the USA about three years ago on an R-1 visa. I had got married in India seventeen years ago to an Indian Citizen but the marriage did not work out. Therefore I came to the USA in 2010 and my R-1 Visa expires next year. I have met someone in the United States who is a US Citizen. I want to get married to her and move on with my life. Can I get a divorce from my wife in India while living in the States? I am still legally married to my wife in India. Secondly how can I extend my Visa so that I do not have to go back to India next year?
In order to be able to adjust status, you must not over stay on your R-1. I don't know if you can get divorced in India while still in the U.S., if you can you should consider it. Getting divorced to a defendant living outside of the U.S. is a long and expensive proposition. Serving the defendant becomes difficult as you have to comply with international treaties rather than NJ rules of procedure. You might consider NJ immigration attorneys with offices in India. They may be able to answer questions on Indian law.
Can I get a divorce from my wife in India while living in the States? Yes.
How can I extend my Visa so that I do not have to go back to India next year? Get divorced. Marry the person you're currently in love with. File for adjustment of status based upon her Immediate Relative visa petition.
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