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Legal » Immigration » Chronic-diseases-090807
Can Chronic Diseases Cause Divorce?

Sudhir Shah Sudhir Shah
A Member of American Immigration Lawyers Association of USA and a practicing Lawyer of Mumbai. He is an expert on USA Immigration Laws. He provides guidance on how to prepare, apply and obtain a visa to travel to the USA upon marrying someone residing there.

Chronic Illness

Question Priyanka asks,
My husband has filed for divorce based on the ground that I am having chronic hepatitis B. It was only through a blood test that I come to know that I was suffering from this infection. I read about it and found that it's considered a sexually transmitted disease but vaccination can prevent the transmission of this infection in spouse. Also a huge number of people in south Asia have this infection in the blood unknowingly. I never had any sexual relationship other than with husband and I don't know how I got it. Please advice if this can be the ground for divorce in India.
Answer Dear Priyanka,

Chronic hepatitis B may not be considered as a ground for divorce in India. In India divorce is granted as per the provisions of the personal law of the parties. To Hindus, Hindu Law applies. To Muslims, Parsis and Christians, their respective personal law applies. Those who have married inter religion under Special Marriage Act, to them the Special Marriage Act applies. If vaccination shall prevent the transmission of the infection in spouse then it may not be considered as a ground for divorce. Furthermore, from what you say, you may in your defense state that it is your husband who has transmitted this disease to you and he cannot take advantage of his own wrong.


Annulment Of Marriage

Question Maryam asks,
My kids and I are USA citizens. My husband is Indian. I would like to file for a divorce. How do I go about it? We are living in Delhi. Please guide? Right now we are separated.
Answer Dear Maryam,

You have not stated where and under what provisions of law your marriage was solemnized. If your husband lives in Delhi or you have last resided and cohabited in Delhi or if your marriage is solemnized in Delhi then you can file a petition for divorce in Delhi Court.

Visa Process

Question Subra asks,
I have a valid B1 visa and my green card is in process. In EB-3 this would take couple of years as it is filed under EB-3. My question is, is there any way I could speed up this process so that I can get a work status till I get a green card? Will there be any conversion of B1 to work status? Please advice.
Answer Dear Subra,

Your question is not pertaining to matrimonial laws. However to answer it I would say that EB-3 process cannot be speeded up. The petitions filed are lined up according to what is the date of filing. However if you have qualifications for H-1B visa and if a US company sponsors you then you can travel to USA on H-1B visa and work there or change your valid B-1/B-2 into H-1B status.

Immigrant Visa

Question Anuradha asks,
I am an Indian woman and a permanent resident of India. I would be marrying an American man in the month of December. I would like to know the legal procedure and other information on immigration, as I would like to join him soon after our marriage.
Answer Dear Anuradha,

If you have met the American man personally during last 2 years then he can file a K-1 petition for you and you can travel to USA within 6 months, marry that person within next 90 days and then stay there. After the petition for your immigrant visa is filed and the same is processed and accepted, you can adjust your status and receive a green card.

Otherwise upon marriage in India, your husband can file petitions for your immigrant visa in USA and thereafter for your K-3 visa. K-3 visa would be available within 6 months. Immigrant visa petition would take 1-2 years. On receiving K-3 you can travel to USA and stay there. When your immigrant visa petition is approved, you can adjust your status and receive green card.

Marriage Solemnization

Question Sowmya asks,
How can two Indians (Male and Female of different faith) on an H1 and B1 respectively, get married in LA, California? How to obtain a Certificate of Marriage? Does the Indian Consulate in SFO give Marriage Certificates based on Indian Marriage Act? How long does it take and what would be the process? It would be most convenient to do it in LA itself if possible.
Answer Dear Sowmya,

Anyone in LA after obtaining marriage license from the Registrar of Marriages can get married before the Registrar of Marriage. That office itself will issue the marriage certificate. Indian Consulate will not issue a marriage certificate and there is no need to obtain one from them.

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