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No divorce decree?
Second marriage is invalid
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Sudhir Shah
A Member of American Immigration Lawyers Association of USA and a practicing Lawyer of Mumbai. He is an expert on USA Immigration Laws. He provides guidance on how to prepare, apply and obtain a visa to travel to the USA upon marrying someone residing there.
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Marrying a green card holder
Sonia Dev asks,
I am planning to marry a guy who has been in the US for the last 6 years, and is a green card holder. I have heard that sponsoring a green card for a spouse takes 2-3 years. Is it true? If yes, what is the best option available?
Dear Sonia,
If you marry a green card holder, then your spouse can file a petition for your immigrant visa. Once you receive it, you can enter the US and then receive a green card. Such petitions fall under family sponsored 2nd A preference category. At present, petitions filed under that category for Indians on or before 8th April 2002 are current. Thus there is a waiting period of 5 years. There could be other legal options, such as travelling to U.S.A on F-1 student visa or if you are a graduate then on an H-1B visa to work there, or if you are working as a manager / executive or person with specialized knowledge, with an Indian company for a minimum period of one year and during last 3 years if that company has a branch or subsidiary in the USA then on an Intra company transferee L-1 visa. There are also other visas available for religious priests, athletics, fashion models, persons with extra-ordinary calibre etc. You should consult an advocate well versed in USA immigration laws with your bio-data for proper professional guidance.
Marriage proof required for visa
Jacob asks,
My son is a US citizen, and we are visiting India for 20 days this year. We are also planning to get him married if we find a suitable girl for him. Is a marriage certificate issued by the Mar Thoma church acceptable to USCIS / US consulate as proof of marriage for filing I-130? We plan to stay in India for only 20 days and the marriage is not yet fixed. I doubt if we would get a marriage certificate from the marriage registrar, as we would not be covering the 30 days notice period. Is there any other affidavit etc. acceptable to USCIS? In case the marriage takes place, please advise the best way to bring the spouse here?
Dear Jacob,
In addition to the marriage certificate issued by Mar Thoma church your son should also have a marriage certificate issued by the registrar of marriages. That certificate will be accepted by the US consulate as a proof of marriage for filing I-130. A thirty days notice period is required in cases where the marriage has to be performed under the provisions of special marriage act. If the marriage is performed in a church, then a 30 days notice is not required to register that marriage with the registrar of marriages. If the marriage is performed in the church, with the marriage certificate issued by the church, the marriage has to be registered with the registrar of marriages, who would issue the certificate of marriage within a day or two. After the marriage is performed, your son has to file a petition for immigrant visa for his wife in the USA, with the USCIS service center, in whose jurisdiction he is residing, followed by a K-3 petition, which is meant for US citizens wives. Once the petitions are approved, your daughter- in -law can apply for a K-3 visa within 8-10 months.
Advantage of green card
Ganesh asks,
My son is a Canadian citizen and a Canadian passport holder. What are all the advantages of applying for a US green card? Is there any provision under FAFTA agreement for a special treatment?
Dear Ganesh
The greatest advantage of applying for a green card is that one can permanently stay in the USA and work there. You must consult a Canadian immigration attorney to find out whether there are any provisions under FAFTA for special treatment.
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