I am an Indian Woman married to a Indian Man in India. However, we lived in US (Delaware) for 2 Years. I had to come back to India 8 months back due to unavoidable circumstances in the break down of our marriage. However, my husband is still in USA on H1 VISA and has recently moved from Delaware to New Jersey. I currently don't have a Stamped H4 VISA and hence unable to go back. He is not willing get my VISA stamped or take me back. He is neither willing to come to India for divorce.
I am sorry to learn of your unfortunate situation. I wish that I could say that it is not a common situation, but sadly it is a product of our times. You MAY be able to file for Divorce in Delaware, but it does not sound like your not yet ex-husband has been in NJ for one year, so you cannot file in NJ. You MAY be able to obtain a tourist visa. Good luck. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck.
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