Husband on H1B work visa in US - Wife wants divorce

[mikeneedyourhelp]

Jurisdiction

Wisconsin

Dear friends,
Me and my wife are Indian citizen. I was on deputation to U.S. and all my four kids are born in U.S. so they are U.S. passport holders.
We all came on vacation to Delhi, India where my wife pre-planned to divorce me and she left my house within few days of reaching Delhi, India and she took all four children aging from 2 to 8.
She has filed divorce petition with India court and she is not showing me my children. Also she threatens me that if I go to her house to see my children, she would give a criminal complaint against me.
As laws in most countries especially in India are more biased and considerate towards women, I couldn't do anything. I have filed visitation petition with India court but due to pandemic, court hearings are not happening properly.

Questions:
I'm very depressed as I couldn't see my beloved children for the past one year.
I need to know what are all my options that I have with U.S. courts to get custody or atleast visitation.
I have options to go back to U.S. for work but I can't leave my children in India and go to U.S.

Is there any option that I can file a petition in U.S. court while I'm in India for my above situation?
Or should I go to U.S. first on then file a petition in that particular state?
Is there way I can file parental alienation suite? If so, what are all my evidences that I need to capture?

Please help me and throw your valuable suggestions. Thank you!

 

[zddoodah]

Jurisdiction: US Federal Law

No. It's a divorce happening in a court in India, which will apply the laws of India. Has nothing to do with U.S. law (federal or otherwise).

I need to know what are all my options that I have with U.S. courts to get custody or atleast visitation.

Even if you could get a U.S. court to issue some sort of custody or visitation order, how would you enforce it given that your wife and children are in India? You need to be seeking these things in the case in India.

Is there way I can file parental alienation suite?

You can file anything you like, but "parental alienation" isn't a basis for a civil lawsuit.

 

[mikeneedyourhelp]

Married couple with a 6 year old and a 3 year old living in Wisconsin. Husband is an Indian citizen working in US on H1B visa. Both children are US born. Wife is a home maker who is on dependent visa and not earning or working.
Wife is threatening that she will apply for divorce and take away the children with her to India.

What are all the options does the husband has?

 

[justblue]

Married couple with a 6 year old and a 3 year old living in Wisconsin. Husband is an Indian citizen working in US on H1B visa. Both children are US born. Wife is a home maker who is on dependent visa and not earning or working.
Wife is threatening that she will apply for divorce and take away the children with her to India.

What are all the options does the husband has?

That's not what you said in your other thread. If your other thread, you and wife went to Delhi on a vacation and she left you and took the children with her.

U.S. Children in India - mom took away from dad

 

[flyingron]

Depending on the version of the story the actions are different, but either way it starts with an attorney. The immigration/visa status is really irrelevant to this discussion, by the way.

 

[zddoodah]

What are all the options does the husband has?

I have neither the time nor the inclination to list all options, but the filing of a divorce in the couple's present state of residence would either trigger an automatic restraining order against either parent removing the kids from the state or allow either party to seek such a restraining order. If the wife's threat is credible, then sitting around doing nothing is the worst thing the husband can do.

 

[stealthy1]

I have neither the time nor the inclination to list all options, but the filing of a divorce in the couple's present state of residence would either trigger an automatic restraining order against either parent removing the kids from the state or allow either party to seek such a restraining order. If the wife's threat is credible, then sitting around doing nothing is the worst thing the husband can do.

You may choose to read OP's other thread, with a vastly different story. Link in post #2.