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Legalities For Immigration
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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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Visas And More
 Pooja asks,
I am an Indian citizen who came to Canada on a Student visa, later found a job, and was on a Work visa for about 2 years and eventually now I am a permanent residence. I am planning to marry a US citizen (naturalized citizen) and the traditional wedding will happen in India in April 2009 since my family is in India. What will be the best way for my fiancé to apply for my visa so I can join him? Do I have to stay in India after the wedding until the paper work is processed or can I come back to Canada and continue my work while my visa is being finalized in India? Is there a better way of doing it?
 Dear Pooja,
Any foreigner who marries a US citizen falls in the category of Immediate Relatives. The US citizen spouse can sponsor his / her spouse for an Immigrant visa by filing petition for Alien Relative in Form I-130 and once the same is submitted the US citizen spouse can also petition for his / her foreign spouse's K-3 visa which may be granted within 3 to 9 months.
As you are a permanent resident of Canada after marriage you may travel to Canada and once your K-3 visa petition is approved you may obtain K-3 visa from Canada and migrate to US. On K-3 visa you will be allowed to do everything in US (studies as well as work) and when your petition for immigrant visa is approved you may adjust your status and become a Green Card Holder of US. Thereafter upon completion of 3 years during which you must stay in US for a minimum 1 1/2 year and you would be eligible to apply for US citizenship.
Tourist Visa
AB asks,
I am on H1-B visa and my Green Card application is pending. My wife is a US citizen. I am getting ready to put all papers together for my parents' Tourist visa application. Would it be better for my wife to sponsor the visit for her in-laws in order to increase the chances that my parents get visa? Would her being a US citizen help?
Dear AB,
The natural thing would be that you sponsor your parents to be eligible to receive a Visitors visa. Your parents will have to show their intention in traveling to US purely as a visitor. Availability of funds for travel and other expenses, non-immigrant intention and strong family and financial ties in home country will also need to be shown.
Divorce And Child Custody
Raj asks,
My wife and I have EADs in the US and are waiting for the I-485 approval. We have been married for more than 5 years and have a 2 years old baby. We were married in India as per Hindu law. My wife does not work and I am the sole moneymaker of the house. We mutually agree to a divorce at this point. What are the options for our divorce? Do we have to file in India or in US? What happens to the Green Card process? In our situation, is child custody automatically going to be provided to the husband since the wife does not work?
Dear Raj,
On which visa you and your wife have entered US and to what status you want to adjust yourself from your earlier status? Much would depend on this. It may be possible for you to obtain divorce in US also. It is not necessary that the custody of the child will be provided to you. It could be that the custody may be provided to the mother and since she is not earning, you may be ordered to pay maintenance to her as well as to the child.
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