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pankaj sethi   18 September 2017

All inlaws are nri, wife aplly visitor visa seprated from 2 years

My brother’s wife is living separate from him since 30 Nov ,2015 nearly 2 years separation. Her parents ,brother, sister all are USA citizen. She is living here with her uncle. 1.They are trying to get her visitor visa of 10 years . Her visa denied 3 times before . 1st time husband , wife applied together in 2014 . 2nd -3rd time in 2015 , when she applied alone. Now they want to get a letter from Member of Parliament of USA in writing that she is living separate In india. 2. Her elder sister is pregnant and going to deliver in Dec 2017. She will try to get visa as her care taker. Although her all family members are US Citizen living there ,except her. Is it possible ? We are tense that if she will get visa , she will never come India may be after 6 months for 1-2 days entry and again will go back. Then we will in destitute situation. Total on mercy of her, to save the future of my brother. Can we write a latter to embassy that please do not allow her visa that she will never come and it will end our justice. Or try any other case (RCR9- which is back firing case and meaning less case), with hope that we can message embassy that we have case , and it will end up our case for ever ,if, she will get visa. Please suggest me if any other case, affidavit which can help us ? Regards Pankaj Sethi

 5 Replies

Mukesh sharma (job )     19 September 2017

Hi , Pankaj , 

there no case like this and you could not do any thisng to stop visa to your brother wife its totaly depend on embassy 

one more thing if she will success to get visa for 3 or 6 month and after completing this period she need to come back in india  she could not stay there legally 

one if she have plan to go and live there , but this is her decision youmcan not stop her ... 


Adv Radhika Mehta (Advocate)     19 September 2017

What do you mean when you say that "it will end your justice"?  Has your brother filed a case against his wife which is pending? And most importantly, what is it that your brother wants? Does he want to string along his wife and their marriage all life long? The very fact that no step, from what I understand, has been taken by your brother in the last two years, it is clear that he does not want to continue the marriage.  Under such circumstances, ask him to approach his wife and put an amicable end to his marriage.

You cannot file anything to stop her.  If there was a kid, it would have been different.  

pankaj sethi   19 September 2017

thanks for your response.

He discussed with her and in laws.But theysaid, when we will come to india when ever time, we will talk with you on matter.

it is not clear when they will come. may be 1 year-2year..

On other side, they also told him that they are ready for divorce and advice him to look for another girl for remmary.

but they are delaying the divorce proceedings.



pankaj sethi   19 September 2017

Thanks for your response. My brother discussed with her and in laws over phone. They replied him that they are ready for divorce and advice him to look for another girl for remarry. But they said, when we will come to India when ever time, we will talk with you on divorce. It is not clear when they will come, may be 1 year-2year. Basically they are trying to confuse us. They want their whole family in USA .When their daughter will get visa they will enjoy their family life there. And we have to wait for them and come on table for matter. Then all the family member there, they will not come easily. They may take time 1-2-3-5 years or more. they are delaying the divorce proceedings. First , we want mutual divorce within time, so that my brother can restart his life again. If they will ready for zero alimony/ considerable points, then it is o.k , Other wise we are strongly ready for long fight. We want justice. Now no case is running in court. No children. She is living with her uncle. Regards

Adv Radhika Mehta (Advocate)     19 September 2017

What is stopping your brother from approaching the Courts directly? I am not saying that you should wait for how many ever years it takes for the wife's family to come on table.  Rather move the Court, pressurize them and they will automatically come on table. Infact, you can even send the wife a lawyer's notice to amicably settle the issues, failing which your brother will be constrained to initiate legal proceedings. 

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