Will we have any problems if I am in US on a H1 visa and married to a US citizen in India nut wedid not register the marriage here and now want to divorce?

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Will we have any problems if I am in US on a H1 visa and married to a US citizen in India nut wedid not register the marriage here and now want to divorce?

I am in US on a H1 visa and married to a US citizen in India legally. We have not registered our marriage in US still as we were staying in different states and wanted to move to the same place before starting the paperwork. But now my husband has filed for a divorce in US. Can there be complications to this, as we do not have our marriage registered in US.

Asked on September 12, 2011 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The question here is if there is a requirement that the marriage be registered here in the US to be valid.  It is with out a doubt an option for you to register your marriage in India and I am sure that it is preferable.  You may in fact have to show some documentation as to same when filing the divorce papers.  What worries me here is that you are here on a work visa, correct?  Have you ever applied for a green card and citizenship as a result of the marriage?  Because the divorce may have an impact on your status and filing.  Please seek legal help here.  Good luck.


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