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Sponsoring a K-1 visa
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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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Green card
Gina asks,
I am a green card holder in the US. If I apply for my citizenship in 2008, I will get in 2009. I want to get married to an US citizen. I want to know how much time will it take for me to become an US citizen through my spouse rather then my own.
Dear Gina,
If you marry an US citizen, then based upon your relationship and complying other necessary requirements, you may be eligible for the US citizenship within 3 years after receiving a green card. However, in your case as you are a green card holder and are eligible to receive citizenship on your own and become an US citizen in 2009 it would be much faster to become an US citizen than through your marriage.
US citizenship
Anu Kumaran asks,
I am a green card holder residing in the US since Sept 2003. I recently got married in India in March 2007. I would like to know; if I file citizenship for my husband now, is the adjustment of status possible once I become an US citizen. Is the time for processing shorter if I file for him once I become a citizen? Thanks
Dear Anu Kumaran,
If an US citizen marries an alien, that alien falls under the immediate relative category and thus the US citizen can sponsor that alien for a green card. Also pending the said petition for a K-3 finance visa, which can be received within 8-10 months. If a green card holder marries an alien then he/she can file petition for his/her alien spouse under 'Family 2nd A Preference' category, which normally involves 4-5 years of waiting period. However, if during the pendency of the said petition the green card holder acquires the US citizenship he/she can make an application for transferring the petition from Family 2nd A Preference category to Immediate Relative category.
K-1 visa
Dilip asks,
I reside in the States, where as my girlfriend resides in India. We have met three times in past 12 months. She holds 10 years (5 remaining) multiple visa entry to the States. Would you kindly advise me:
- Should I call her here and marry her in the States and apply for I-130 etc?
- Should I file for a finance visa right now, than bring her here on visitor's visa and return back to India when she gets a call for K-1?
- If I file for K-1 will her existing visitor visa be nullified?
In all above cases my aim is to bring her here to join me as soon as possible, but also have a way out for her to come and go to India, as her mother is ill.
Dear Dilip
It is advisable that you file K-1 visa petition for your fiancé. She will receive it within 8-10 months. In between, she may travel to the USA, but the immigration officer at the border may prevent her from entering the USA on a visitor's visa since she intends to marry someone residing in the USA and the petition for her K-1 visa is pending.
If she travels on her visitors visa with an intention to marry in the USA and change her status she may encounter difficulties. If she marries you within a month from entering the US, her application for adjustment of status will be denied on the ground of pre-conceived intention. If she marries you after a month but within 2 months of entering the US, there would be a presumption against her of pre-conceived intention, which is very difficult to rebut. Furthermore one does not know as to what time the Immigration officer will grant her to stay in the USA on her visitor's visa. If a shorter period is granted to her then she cannot stay beyond that period in the USA even if she is married to you, her immigrant visa petition is pending.
Your finance's position is vulnerable since her mother is ill and she may be required to travel to India at any time. It is therefore advisable that you may marry her now and file petition for her immigrant visa and thereafter for K-3 visa and let her travel on K-3 visa.
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