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Understanding Immigrant Law
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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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Immigrant Visa
 Naguina asks,
I'm right now in the US on an OPT that will expire in April. I got a job offer from France for 18 months but want to marry before I leave. My husband-to-be, a US citizen will stay in US. We plan to see each other during vacations on a regular basis. What to do if I want to come back to visit my husband in the US? What type of visa do I need? Am I eligible to file for an immigrant visa knowing that I will be working abroad for 18 months? Should I wait until my contract abroad ends to file for a permanent residency of immigrant visa?
 Dear Naguina,
If you marry a US citizen he would be in a position to sponsor you for an immigrant visa and you would receive the same, and also during his pendency he can sponsor you for K-3 visa. You would be in a position to receive K-3 visa within 6-8 months and the immigrant visa between 12-18 months. Even if you receive it early you may travel to the USA and stay there for few days, receive your green card and then go back to resume your job in France. Only see that you should not stay out of USA continuously for more than 6 months.
Marrying In India
Subhash Vyas asks,
My name is Subhash. My wife passed away recently and I have 2 sons - 26 & 24. Now I am dating someone from India and she is not married. She is 51 yrs old Brahmin Gujarati. My question is if I go to India to marry her, can she travel with me or are there any legal obligations to be followed prior our nuptial?
Dear Subhash Vyas,
If you are a US citizen or a green card holder, you would be in a position to file petition for your wife's immigrant visa. Since this is going to be your second marriage and you have two grown up sons and the lady whom you intend to marry is a spinster the consular officer may doubt your bonafide of the marriage, you will therefore have to be very cautious and show that the marriage is bonafide and not a fraud with a view to the said lady to gain an entry into USA. You will be required to show your wife's death certificate and the lady will be required to explain as to why she remains unmarried till 51 years.
Canadian Landed Immigrant
Gurdev Singh asks,
I am a US citizen and married to a Canadian citizen living in US for 8 yrs with H-1B visa. I have applied for her change in status for green card. We both live in USA. Can she sponsor me for Canadian Landed Immigrant? Later on, can I apply for Canadian citizenship? She will be applying for US citizenship after three years of her green card.
Dear Gurdev Singh,
Yes. It may be possible for your wife to sponsor for you for Canadian Landed Immigrant. You should in that regard consult an attorney well versed in Canadian Immigration laws.
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