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Expediting US Migration After Marriage
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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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H-1B Or F-2 Visas
 Trupti Desai asks,
I am a student going to USA on F-1 in next couple of days. I have a boyfriend (we are not legally engaged as of now. However, our families are aware of each other). My boyfriend is doing MBA in India right now. Can he join me on F-2 and work as well? Is there any other way that we can be together? Kindly let us know of the options available to us.
 Dear Trupti,
Your boy friend, may apply for dependant F-2 visa after he marries you, provided he can show that you are financially capable of supporting him in the USA and you both have no intention of permanently residing there and have strong family and financial ties in India. It would be better if your boy friend (who is doing his MBA) after completing the same tries to find a job in the USA and travels on an H-1B visa rather than applying for a dependant F-2 visa.
Visa Confusion
Sam Aghi asks,
I am an US citizen getting married to a girl in India with an Indian passport. She is finishing her college in Canada and holds I-94, which will expire in November. What visa should I apply to bring her back with me after marriage? Should I apply now or after marriage?
Dear Sam,
If you have met the Indian girl in person, during last 2 years, then you can sponsor her for a K-1 finance visa. It normally takes about 8-10 months to have such petitions processed and approved. Thereafter the Indian girl can travel to USA and marry you within next 90 days. If you desire to marry her in India then after marriage you can file a petition for her green card and then apply for K-3 visa after filing the petition for green card. She would receive the K-3 visa within 8-10 months and can travel to USA and stay there with you and once her petition for green card is approved, adjust her status. Applying now for K-1 visa would be a better and expeditious way.
American Citizenship
Siri asks,
I am an Indian citizen currently on an H-1B visa. I am going to marry an American in March of 2008. What steps should be taken to apply for American citizenship and also when do we start this process? Is this something we start immediately after marriage or later? Also, do I apply for permanent residency first and then citizenship? I am very confused about this.
Dear Siri,
After you marry the American citizen, that person can sponsor you for a green card and you would be receiving the same within a year or so. After you receive your green card, you would be in a position to apply for a US citizenship by naturalisation after 3 years upon fulfilling certain conditions.
US Migration
Praj asks,
I am going to marry an US green card holder this Dec. Can you please advise me how can I migrate to the US at the earliest after the wedding and what procedure I should follow?
Dear Praj,
If you marry a green card holder of US, after marriage that person can sponsor you for a green card under family sponsored 2nd A preference category. Today petitions filed for the benefit of Indians on or before 22nd July 2002 are current. This means that there is a waiting period of nearly 5 years. However there can be other ways for you to travel to US and stay there permanently. You should consult an advocate well versed in USA immigration laws.
Ill-treated By In-laws
Tony asks,
I married an USA citizen on Feb'06, got a CR-1 visa and travelled to USA in July'06. My wife and in-laws badly treated me and threw me out in July'06. I came back to India and filed divorce. It has been 6 months and my wife didn't turn up here in the court even for the last 8 hearings. What should I do? Can USA grant me some status as I am finding difficulty to establish myself back in India again?
Dear Tony,
You made a mistake in travelling back to India. You ought to have stayed in USA. However your green card now will be of no use to you since you have stayed out of USA for one year. The only alternative is to obtain an ex-parte divorce in the Indian court where you have filed the petition. As regards travelling back to USA you will have to find ways to receive visa on your own merits.
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