|
Is Marrying Online Valid?
|
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.
Have a question? Click here...
|
|
Online Marriage
Macho asks,
I am right now in USA on L-1 visa and willing to marry a girl from India, whom I got engaged to. Is there any way that I could marry her online and apply for her visa before I go back to India for a traditional marriage so that I can bring her with me immediately after? Is it valid in Indian embassy? Would she able to get a visa on Internet marriage certification?
Dear Macho,
Although technology has developed at an exceedingly fast pace, the laws and particularly those Governing marriages have remained static. It is therefore necessary for you to be physically present to marry. You cannot marry online. It may be possible for your would be wife to apply for visa after satisfying the necessary details at the consular officer, and receive a dependant L-2 visa soon after the marriage.
Judicial Separation
Francis asks,
I am a paid member in Shaadi.com. I am separated for 15 yrs. This is updated in my profile. But members ask me if you are separated, how can you get married? I feel they are right! Can you find the solution for this?
Dear Francis,
Merely staying separated from your spouse is not sufficient. There should be a judicial order of separation and thereafter passing of divorce by a competent court of jurisdiction. You must obtain divorce from a competent court of Jurisdiction then only you would be eligible to marry someone else.
Student Visa
Rajesh asks,
I am in USA and I have to wait for 1 year till the time I get married. My fiancée is planning to do her studies in Canada. Students are given 'Study Permit' for 1 year and 'Student Visa' for 2 years in Canada. My question is, can we marry and apply for H-4 while she is in Canada on either study permit / student visa? Is our marriage considered to be legal? And at last, please let us know if she can attend for H- 4 visa from Canada or does she need to go to India?
Dear Rajesh,
It appears that you are in USA on an H-1B visa. If so, upon marriage, it may be possible for your wife to apply for a dependent H-4 visa. There is no restriction as to where one should get married. Even if you got married in Canada, if all the required formalities are carried out and the marriage is registered, your marriage would be considered as legal. If she is staying in Canada as a student since long she may be allowed by the American consulate in Canada to apply for a dependant H-4 visa.
Visa Accessibility For Adopted Kid
Rupi asks,
My daughter who is US citizen adopted a boy from India and now she is in India for next 2 years (which is the requirement). She wants to apply for the adopted baby so that he can travel with her? What is the procedure for the same?
Dear Rupi,
If the adoption of a boy from India by your US citizen daughter is legal and valid then, she can apply for a USA passport for her adopted son and then they both can travel to USA. Application by a USA citizen for his / her minor child's immigrant visa falls under immediate relative category and visa may be granted within few months.
In your daughter's case, as her son is not her naturally born son, she will have to first prove that she has no son of her own. Secondly she has to prove that the adoption is done legally. In Hindus, while adopting a child, one must perform a Dutta home ceremony or execute a deed of adoption, have the same registered and also give advertise concerning the same in news papers and Government Gazetee. To take the adopted child to USA, it is necessary that the child should have remained in the custody of adopted, any of the parents, for 2 years.
Citizen Sponsorship
Tapan asks,
The sponsors made an F-4 visa application for his sister (principal applicant), her husband and daughter. Before the visa could be processed, accidental death of the sister took place. What would happen to the application in case of this death? What are the remedies available to get the approval for her husband and daughter?
Dear Tapan,
It is a matter of regret that the US citizen sponsor sister met with an accidental death. If anyone else such as another sister or brother or father or mother of the Indian Beneficiary is in USA as a citizen or green card holder then an application can be made to the Attorney General in USA to substitute the deceased petitioner with the live sister, brother, father or mother who should also be either a US citizen or green card holder. Whether to grant such application or not is discretionary and the death of the Petitioner ought to have occurred after the Petition has been approved.
|
|
| Sudhir Shah will answer your queries. Ask now! |
| |
|
|
|
|
|
|
| |
 |
|
|
|
|
|
| | Cotton Kurta with Gold Print | Wills Lifestyle Casual Top For Women | John Players Signature Line T-Shirt for Men | Rs.1,000 ($20.77) | | | | Rs.769 ($15.97) | Rs.1,495 ($31.06) | Rs.1,095 ($22.75) | |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ask our Experts :
Personality Development, Immigration (US), Tarot, Hot Couture, Face Value, Matrimonial Laws, Infertility, Life, etc, Gender Wars, Shaping Up. |
|
 |
|
Furl it
Reddit
