It is currently Mon Oct 25, 2021 8:32 am

Reply to topic  [ 8 posts ] 
USA Visa stamped after 498a docs sent to embassy 
Author Message

Joined: Fri Jan 25, 2013 1:15 pm
Posts: 83
Hello folks,
I wanted to share my small success story - getting visa stamping done after sweetie had sent all case documents (including 498a case files) to US Embassy, Dept. of Homeland Security etc.

Brief timeline:
2012 Dec - FIR registered on private complaint to magistrate
2013 Mar - Chargesheeted; first batch of 498a docs reach US embassy
2013 Apr - A2-5 gets stay from HC on their quash petition; A1 denied stay by HC saying its not needed for NRI
Mediations in progress in DV, so court not interested in proceeding in 498a
2014 Feb - Visa extension (1 year) approved by USCIS though they already have one set of 498a docs with them
2014 Aug - A1 discharge filed citing Cr.P.C. 188
2015 Feb - A1 discharge denied; Visa extension (3 years) approved by USCIS
2015 Mar - Revision filed in HC; 205 exemption filed in lower court
2015 Jun - Stay granted pending disposal of revision
2015 Jul - 2nd batch of 498a docs reach US embassy and DHS
2015 Dec - Visa interview at an embassy in India. Questions on pending cases and visa application sent for background check (administrative processing). Visa officer asked for supporting documents (on cases) and I gave current status of cases, central govt./state police circulars on misuse of 498a, references to past travel warnings from Dept. of State etc.
2016 Jan - Embassy asks specific questions on cases. Questions include description of 498a, current status. They are not interested in DV as it's civil case. Visa issued 2 days later.

Overall 30 days delay in getting visa issued. Traveled back to USA after few days, no questions asked anywhere.

Things to note - I don't have any warrants against me, I'm actively contesting (participating) the case, had appeared in police station before being chargesheeted (with AB of course), framing of charges not done (answered NO to that question in DS 160) and also had a stay from HC when I went for visa stamping.

So, we need not worry even if they send 498a shitload to US authorities as long as we're genuinely fighting this menace. At max, you'll be facing some delays but eventually your visa application will be approved.

Last edited by bittenby498a on Sun Jan 31, 2016 11:51 am, edited 1 time in total.

Mon Jan 25, 2016 10:54 am

Joined: Sun Sep 06, 2015 5:11 am
Posts: 127
Great job man. Could you please give more detail on why discharge petition was denied based on CrPC 188? Was there any alleged incident that happen in India?

Mon Jan 25, 2016 4:56 pm

Joined: Fri Jan 25, 2013 1:15 pm
Posts: 83
There was one alleged incident in India (to get A2-5 roped in).

Thu Jan 28, 2016 10:46 am

Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
How much time did it take at the visa appearance to explain all these?

Fri Jan 29, 2016 7:50 am

Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
Got information from two persons who appeared for US visa interview. One person revealed about arrest in 498a case, he was asked to show his court papers and visa was granted.
The other person put 'no' to arrest. He had a reason for doing so. He was called for personal interview again and was asked about the 498a case. He told his reason for writing 'no' for arrest, showed all the case papers, including some orders from HC and the U S govt. warning cautioning Americans on marrying girls from India. He got the visa in the next two working days.

I was suggested by some members on the forum, about three years back, to write 'no' for arrest. But the above two cases show that 'yes' has to be stated and the case papers, bail, docket orders of case progress, order of acquittal, if acquitted; if filed in HC for quash, those papers should be shown. What the US embassy wants is whether the case is contested or is just ignored by the person. If contested and all the papers are shown, they are not much bothered about the 498a case.

Thu Feb 04, 2016 1:59 pm

Joined: Thu May 07, 2015 5:08 pm
Posts: 7
very good post and helpful points.
I'm also going through same situation in 498a case.
if possible, could you refer any good lawyer based on your personal experience?
please... thank you

Sat Mar 05, 2016 6:06 pm

Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
Hai vict498a, I gave name of one advocate in Hyd. U wrote in mail that ur people contacted him. What happened after that? Reply thru PM.

Sun Mar 06, 2016 12:29 am

Joined: Sun Jan 27, 2013 6:27 am
Posts: 237
Hi all

I am also facing a 498a case and have applied for a tourist VISA to the USA. The embassy has asked me to provide "Court documents related to dowry harassment". But no specific court document in this regard was mentioned by the embassy.

Can anyone suggest WHICH court documents should I provide?

Wed Apr 18, 2018 8:26 am
Display posts from previous:  Sort by  
Reply to topic   [ 8 posts ] 

Who is online

Users browsing this forum: No registered users and 0 guests

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group
Designed by ST Software for PTF.