You need to get an attorney that is licensed in India. To attempt a divorce in the US will make things WORSE than ever ... it could result in the presumption that your current 'marriage' isn't valid.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Your situation raises multiple scenarios that must immediately be addressed:
1. You must immediately seek to divorce you from your first wife. You are still be considered as being married to her, if yours was a valid marriage according to Indian Law and not only to Hindu traditions.
2. Your residing in the US on a work visa gives you the right to file for divorce in US courts. That's why would immediately do. Higher and experienced family law attorney in your area to initiate the proceedings.
3. Your current marriage your second spouse is invalid and can be considered as bigamous. Her H-4 status is in jeopardy and so is her permission to legally remain in the US. Consult with immigration attorney about this as soon as possible.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You probably won't find an expert on the Indian Penal Court or Hindu traditions on this site as we are almost all U.S. immigration attorneys. You should look into if the first marriage was even valid, and/or how to annul it since it apparently wasn't even consummated. The second marriage was probably invalid IF the first was. You should contact a family/immigration attorney with experience in filing international divorces - it IS possible to file an international divorce from the U.S. but you should find an expert.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
The lawyers on this site cannot help you with your ultimate question, but we can provide you some guidance on what to do. THE most important question is whether you had a legally-recognized marriage to your first wife under the laws of India. If so, you must divorce her and remarry your second wife. Your first marriage to your second wife is not valid if you were still married to the first girl.
If under the laws of India you were not legally married to your first "wife", then you should have nothing to worry about - though you may want to get a legal opinion stating and explaining that in case the issue comes up again.
You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.
Hindu traditional marriage is lawful (lack of registration does not change anything) although there can be scenarios when such a marriage can be questioned. Therefore, you must contact an experienced indian lawyer who could handle your first marriage issue amicably for you in Indian court. Trying it first in U.S. court can land you in a bigger mess. Marriage laws are same all over India and do not change from state to state like in U.S. Consult with experienced lawyer anywhere in India would give you the same advice. contact me privately if you need referral. Best Wishes.
My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.
You may be able to obtain a divorce in the United States, but you must serve your wife in India pursuant to the treaty provisions that spell out what must be done. You may want to contact Attorney Sanjay Bhatt who has an office in Columbus and who is involved in Indian cases on a regular basis.
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