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My Husband Is Obsessed With A Married Woman
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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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Concerned Father
 Ranjit asks,
We are planning for our daughter's marriage to an US citizen who is presently in India for a stay of 7 weeks. I wanted to know what is the procedure that we may follow so that she can accompany her partner as soon as possible. As per my knowledge what people do is just go for engagement and file for Fiancée Visa and then marry within 90 days of reaching to US. But if we want social security of our daughter then what is the best way? To go there on fiancée visa and marry there or marry here in India and then send her when her immigration process is complete.
 Dear Ranjit,
If your daughter intends to marry a US citizen and has met that person personally within last 2 years then that US citizen can file a petition for finance (K-1) visa for your daughter in USA. It may take between 6-12 months for the same to be processed. Thereafter your daughter can apply for K-1 visa at the US consulate in India and on receipt of the same travel to USA; she should marry that person within next 90 days. Thereafter her husband can file petition for her immigrant visa and she may file petition for adjustment of her status from non-immigrant to immigrant.
The second option is that your daughter marries the US citizen in India thereafter the boy can file petition for your daughter in USA for her immigrant visa. After filing the same he should file a petition for your daughter's fiancée visa (K-3), which would take approximately 6 months or more to be processed. Thereafter your daughter can apply for K-3 visa at the American Consulate at India. On receipt of the same, she can travel to USA and stay there and on her petition for her immigrant visa being processed and approved; she may adjust her status from non-immigrant to immigrant status. The second option according to me is a better option.
Sponsoring Green Card
Vishal asks,
I am an US citizen residing in Canada. Can I still sponsor my wife for US green card while staying in Canada? My wife is a Canadian permanent resident.
Dear Vishal,
You can sponsor your wife for a green card but when the petition is approved and your wife applies her immigrant visa, she will be required to show that you are domiciled in USA.
Divorce Dilemma
VG asks,
I got married 2 months back in India and have come to join my husband in US. But after coming here I realized that my husband was obsessed with another married woman and has never treated me like his wife. And now he wants a divorce. I am on H-4 status and he has applied for green card for both of us. He doesn't tell me anything regarding the green card processing whether he got the receipt, or got the work permit (EAD) etc. So now how can I save my visa status in US and try to get a job? If I want to apply for H-1 also I can apply only in April. But he wants a divorce now. I would appreciate any help / suggestions / advice regarding this.
Dear VG,
Your H- 4 visa is a dependant on your husband's H-1B status. If your husband obtains divorce from you then your H- 4 visa will automatically end. If you intend to continue in USA and apply for H-1B visa for yourself, you must immediately consult a competitive immigration Advocate and seek proper professional guidance.
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