How serious is the problem of Indian women who marry a NRI?
The problem is quite serious as there is no accountability either by the Indian or the US governments. A woman who marries an NRI – particularly a woman from a traditional Indian family – faces not just a culture shock in USA, but is dependent on the husband for her monetary, emotional and social needs. Many times they are isolated from their families in India and prevented from meeting other people in USA, lest they become aware of their rights and laws of their new country. Some of them are kept in solitary confinement by their husbands, to the point of being locked inside their apartments from morning till the husband comes back from work in the evening. They are subjected to physical, emotional and mental abuse with no recourse. They are also threatened with deportation and the specter of disgrace. Many of them have their passports and important documents confiscated by the husband and his family and are unable to escape.
What is the process of an Indian woman coming to USA on visa?
An Indian woman who marries an NRI can come to the USA on two different visas. The faster one is the fiancee visa. The marriage visa takes time and depends on the date of filing, and the immigration and naturalization time lines. A lot of men opt to get the woman on a fiancee visa even though they have married her in India. That by itself is a fraud. Let’s say the woman comes here on a fiancee visa and according to US rules she is not yet married to the NRI. If something goes wrong between them within a year of the marriage, the Indian wife will have to go back to country of origin as she is not the legally wed wife of NRI in the eyes of US law. A lot of times when women come from India on the basis of marriage with a NRI, they are unable to work even though they may be highly educated in India and holding high positions in their careers. Especially, if they are doctors, they have to start from scratch, they have to get their degrees evaluated, have to go through a lot of training to help them get a job.
How important is it for a woman to understand the legal status of the NRI who they will marry?
It is very important for women to understand the legal status of the NRI they are marrying. The ideal is a citizen with a green card. The last category is someone on H1 status. Marrying a citizen gives a woman rights immediately in the legal immigration status. Marrying an NRI who is a green card holder is also good provided he applies for his wife using the right legal recourses and can help his wife get legal immigration status. Both citizens and green card holders can help their wives get work permits. But, if one is marrying someone with H1 status, the wife cannot work here in USA as her status is H4 and if he decides to abandon her or divorce her, she has no status to remain in USA.
What precautions need to be taken by the parents and the prospective bride to ensure that the choice of a NRI spouse is right?
Do a complete background check on the NRI boy in question. You can either appoint detectives or contact NGO’s on the internet. Know where he works, double check information, know more about whether he owns his house, his previous marriages or relationships including debts and bankruptcies. Know more about the boy’s family values. Double check everything being told about the boy. Ask questions. Take a copy of the passport or immigration status of the boy.
There are several instances wherein women are brutally battered, assaulted and abused. What can be to prevent such abuse?
To prevent such abuse, one has bring awareness among women, that they are not to tolerate or bear such abuse even though they are away from their motherland and that the laws are women friendly and they can be helped by various organizations and also the police, which include taking restraining orders against the perpetrator. Laws for domestic violence are quite strong in the USA. There are shelters to help women who have been abandoned by their spouses.
What more should the government do to protect innocent Indian girls from being duped.
Make sure there is a database of NRI’S marrying Indian girls. All marriage certificates to NRI’S should have a copy of their passport and immigration details in USA to help the government track down the men in case of abandonment of girl, or harassment. Have a memorandum of understanding with United States government. At present there is none – especially, when dowry or personal property in the form of gold is concerned. The US government and its laws do not recognize dowry as personal property. Appoint Indian-licensed lawyers living in USA to be social advocates and expert witnesses in family law court matters to ensure judges in USA recognize the culture in India and the significance of marriage; giving of gold by parents and many such cultural nuances are well understood and appreciated. Appoint special legal advocates who work in collaboration with the Indian consulate to help harassed Indian girls with links to social organizations, NGO’s etc and help them with their queries. The Indian consulate can be the point of contact as well as a guide channeling the needy towards community resources.
