Rights And Responsibilities Of US Green Card Holders: A Reminder For The GC Holding 498A Wives

I am posting this here for the US based NRIs with marital issues.

They are a group often maligned by the radical feminists and by the media. What is never highlighted is the fact that these men are often used by their bitter halves to piggy back to the US and then dumped after these spouses get their green cards. They find themselves facing 498A and other cases in India especially after their spouses lose their case in the US court.

In an NRI divorce judgment, Justice Dhingra says:

“The decree passed by the court of USA has not been challenged by the complainant. She herself submitted to the jurisdiction of the USA Court and contested the case. She was living, at the time of contesting, the case in USA and continued to live in USA even after passing of decree till 2002. She even preferred an appeal, which was dismissed. Thus, it is not a case where decree was obtained by her husband clandestinely or she had not submitted to the jurisdiction of the US Court or the US Court had no jurisdiction. Once a competent Court has passed an order in respect of return or exchange of articles including dowry articles, no offence under Section 406 IPC can be tried for the same articles in India.”

NRI spouses with GCs are required to obey US laws, implicitly acceding to US jurisdiction. It is a responsibility, like paying taxes in the US, that they are REQUIRED to fulfil. This is an agreement they are signing when accepting the green card. These women may want to think twice before filing a case against their hubbies in India after getting their green cards. They may be faced with a contempt of court charges in the US if they try to challenge the divorce judgment in India after losing the case here.

Here is the text of the responsibilities:

  • You are required to obey all of the laws of the United States, the States, and localities.
  • You are required to file your income tax returns and report your income to the US Internal Revenue Service and State IRS.
  • You are expected to support the democratic form of government and cannot attempt to change the government through illegal means.
  • If you are a male, age 18 through 25, you are required to register with the Selective Service.

Here is the pdf: US Green Card Holders Rights And Responsibilities

Here is the link to the US CIS site where I pulled this information from.

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9 Responses to “Rights And Responsibilities Of US Green Card Holders: A Reminder For The GC Holding 498A Wives”


  1. 1 Divorce May 24, 2008 at 11:06 pm

    Divorce among NRIs can get totally out of hand, especially with the complexities of legal systems in the different states in the US. This is perhaps the newspapers, blogs and websites are full of such stories.

    Like

  2. 2 RAJESH CHRISTAININ February 13, 2009 at 3:41 am

    Rajesh Christian
    Chakravati Street
    Anand-388001
    Gujarat India
    11.02.2009
    To.
    Restected Sir

    Sub : please help me Migrate Family Member Pernanent Settlement USA.

    Respected Sir,

    My Father Stay in Chakravati Street, 68 year senior Citizon near Old S.T.Bus- stand Anand-388001 Gujarat INDIA withTwo married son and Ther Families on first floor of my house and I had aTenant on the Ground floor Namely Catherine Vipinchandra Palmer & Family Member

    VIPINCHANDRA WILLAM PALMER BRITISH PASSPORT NO.75024218
    CHETHRINE VIPINCHANDRA PALMER INDIAN PASSPORT NO. A 4217316
    ASHITA JENIFAR VIPINCHANDRA PALMER INDIAN PASSPORT No. A 4217315
    BINAL JESION VIPINCHANDRA PALMER INDIAN PASSPORT No.A 4217404
    for Many Year who has Now Migrated to U.S.A. with her family for a permanent settlement. Address :Vipin Palmer 330/E Yorba Linda Blud.Fullerton CA-32831
    Ph No.714-996-1511
    She has two houses in Nadiad Palmer Villa Park Street Mission Road. Nadiad. Where she has come form U.S.A. to attend her daughter’s Marriage & Son
    Marrige and now they are all migrating back to U.S.A. last month I personally met har and Asked har to pay the arrer rent of two years OR Vacate the the house for I am in very much need of it for my two Married sons and their families in reply she and her husband thrashed me and injured me on my face and on the back of my head. She and all the members of her family are now going back to U.S.A. because they are all American Green card Holders, so I have registered a complain against her for her Cognizable offence on 31.12.2007 Anand Town Police station but nothing is done so far in this respect.
    My earnet request to your honour is to help me either get me the arrers Rent OR Possession of My House OR both.

    Please healp me

    Thanking you in Anticipation
    Your faithfully
    R.V.Christian.

    Like

  3. 3 Clement C Okoro July 6, 2009 at 4:28 pm

    I am a green Card holder and live here in America. I want to know is I can Sponsor a person who has been selected for a DV Lotery 2010?

    Like

  4. 4 Parth December 18, 2009 at 6:19 am

    Dear sir,

    My sister is leaving in NC,USA and she is staying seperately from her husband since last one year. now her husband sent her notice through court for divorce. Both of them are green card holder and they have two childern one is minor & another is major.

    Please let me know since they are not US citizens, divorced is valid ?their marriage has been done india before 21 years. canyou please guide us in this case

    Thanking you

    Like

  5. 5 asif August 20, 2010 at 12:57 pm

    i want a visa and ticket to us

    Like

  6. 7 Alba Common October 14, 2011 at 3:11 pm

    Heya i am for the primary time here. I found this board and I to find It truly useful & it helped me out a lot. I’m hoping to present one thing back and help others such as you aided me.

    Like

  7. 8 sunny February 16, 2012 at 4:05 am

    Dear Sir,
    My spouse is Green Card Holder,and she want I came to USA.what should we do?

    Like

  8. 9 Campervan Hire Australia May 25, 2017 at 6:07 am

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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