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Immigration Status & Divorce
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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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Sponsoring Visa
 Marmik Patel asks,
I am getting married in India this year with a girl from India. How do I file for a visa for my wife? Do I have to file from India? If so, how long do I have to stay? Can I file from USA? If yes, how can I do that? I will be waiting for your reply.
 Dear Marmik Patel,
You have not mentioned whether you are a US citizen or a green card holder or some other type of US visa holder. Everything will depend upon that. If you are a US citizen, your wife will come under ''Immediate Relative'' category and you can file petition for her immigrant visa, which is not restricted by any quotas, and thereafter for a K-3 fiancée visa. In that prospect she will be in a position to travel to USA within 6-8 months. If you are a green card holder then you would be in a position to sponsor your wife under family 2ndA preference category for which the waiting period for Indians are 5-6 years. If you are on any other category of visa depending upon what category you are, you may be in a position to sponsor your wife’s dependant visa. If a US citizen resides in India for more than 3 months then he may be in a position to file petition for her from New Delhi.
Marriage & US Immigration
Kumar asks,
I am a US citizen based in USA and I want to marry an Indian girl based in India. What are my options to bring my future life partner to USA? I am not engaged to her yet.
Dear Kumar,
If you have met an Indian girl in person during the last 2 years, it may be possible for you to sponsor her for K-1 fiancée visa. It takes about 6-8 months for K-1 petition to be processed and your fiancée can travel to USA and marry you within 90 days. You can then sponsor immigrant visa. On receipt of the same, she can adjust her status to a green card holder.
Illegal Citizenship
Maslam asks,
I came to US illegally and got married to a US citizen, I have got one-year work card and I kept renewing it for 5 years. Now official has rejected my petition saying I came here with a fake name. I am still married and we live together. What should I do?
Dear Maslam,
If you have married in India then you can file petition for her immigrant visa in USA after marriage and thereafter file K-3 visa petition for her. There may be a possibility for your wife to make an application for waiver of your ground of inadmissibility.
Amicable Divorce
Kavita asks,
My husband and I got married 5 months back in India. We both are in US on H1-B. We want an amicable divorce. I am staying in Arizona. Can I file a divorce in Arizona when I am on H1-B status?
Dear Kavita,
Yes. It may be possible for you if you fulfill the residency requirement of Arizona Family Court to file a petition for divorce.
Separation
Kiran asks,
I got married to a US citizen in India 2 years back. I want to apply for divorce. Where should I apply? In US or in India? I am in US from past 6 month but I am not staying with him.
Dear Kiran,
It may be possible for you to apply for a divorce in USA also.
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