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Prove that you had personally met your fiancé
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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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Time period to immigrate
Gurinder asks,
I got married in Feb 2004 and my wife is US green card holder, she becomes a US citizen in Jan 2006. So what is the expected time that I can immigrate there?
Dear Gurinder,
After your wife becomes a US citizen and files petition for your green card under the immediate relative category it may take 10 to 12 months for you to travel to USA.
Sponsorship for fiancé visa
Sam asks,
I am an Indian citizen living in India in love with an American citizen and we want to marry. What is the complete procedure we need to follow from the beginning? I want to be with her in US. Does she need to go to India or I need to go to US before marriage and how?
Dear Sam,
As per the provisions of Section 101 (a) (15) (k) of the Immigration and Nationality Act of US, if your US citizen fiancée, has met you in person during last two years then she can sponsor you for a fiancé visa. You would be in a position to receive it within 8 to 10 months. It will allow you to enter US to marry your fiancée within 90 days and thereafter adjust the status to a green card holder. If you have personally not met your fiancée then she will have to travel to India and marry you. Thereafter she can sponsor you for a green card which may take 10 to 12 months.
I stay in USA without a legal status
Shivaji asks,
I am an Asian and I stay in USA. I have (c,1,d) visa and I don't have any legal status what should I do?
Dear Shivaji,
You should return to India else you would become undocumented and may be deported.
Student visa
Vishal Patel asks,
I have applied for a student visa for this spring 2006, but I was rejected once, before 5 years for the visitor's visa and my file has been kept for immigration, 6 months before by my uncle. What should I do when I go for the student visa? Whether I should tell all this or not? My consultant tells me not to hide anything from them. Will it be helpful for me to get the student visa?
Dear Vishal,
You must tell the truth when you fill up the student visa application form as well as when you go for the interview. Misrepresentation and fraud will not only disentitle you to receive your student visa but may also become a ground of inadmissibility into the US. You may face difficulty on account of your uncle sponsoring you for an immigrant visa. However, in past many have received non-immigrant visa despite being sponsored for immigrant visas.
Fiancé visa interview
Veerinder asks,
I got engaged on 25th May 2005. I wish to know about the documents, processing time and all other necessary requirements. He applied on July 17th and got the approval letter in the month of September and the case was sent to American Embassy in India in the month of September. He is a citizen of America. We met through shaadi.com. What are other formalities and what are the questions they would ask me? My parents are in America.
Dear Veerinder,
You should receive the necessary papers shortly and within couple of months you would be in a position to travel to US to unite with your husband. However, at the fiancé visa interview you will be required to prove that you had personally met your fiancé and that your intention in travelling to US is to get married to him. Your fiancé also will be required to provide an affidavit in the prescribed form undertaking to financially maintain you in US. It would be advisable if you consult an advocate well versed in US Immigration Laws, before you fill up the forms and go for your interviews.
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