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US Immigration: A Common Problem
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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.
Have a question? Click here...
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Registered Marriage
 Rahul asks,
My girlfriend and I are on OPT now, having valid Employment Authorization Card. My H-1B starts this October'07. We have our parents consent for our marriage. We want to register marriage in USA legally. Is this marriage also legal in India? Is there a need to register our marriage in India again? If so, could this be done without our presence in India, and with just the marriage license that is obtained here?
 Dear Rahul,
Yes. Your marriage performed and registered in USA would be legal in India also. You need not register your marriage once again in India.
Is My Hubby Cheating Me?
Ishita asks,
I got married 3 years ago. He is in US on green card but had cleared his exams and interview for the citizenship. My man is telling me since last 2 years that he is waiting for his citizenship papers. He had his exams and interview in the end of 2005 and since then waiting for the ceremony. Just wanted to know how much time usually it takes? It has been long now. I am depressed. And yet he has not applied for my visa as he is still waiting for his oath ceremony.
Dear Ishita,
Normally a petition filed by a US citizen for his / her spouse for immigrant visa is processed within a year or so. After filing the petition for immigrant visa for an alien spouse, US citizen can also file petition for K-3 visa. That petition is normally approved within 6/8 months. When a petition is filed, the immigration authorities issue a letter acknowledging receipt of the petition and giving a number to the said petition. You should ask your husband to furnish you a copy of the same so that you can keep a track of your petition and find out at which stage it is.
USA Citizenship
Balchandra asks,
I am a green card holder. In 2008 my card will expire. So can I submit my green card and get travel visa, as my wife, son and daughter are USA citizens right now. I am in India (Mumbai) so can I file my petition from Mumbai for visit visa, as my parents are sick and I am only son to take care of them. My parents have 10 years visa and they also have visited USA once, even I had worked for couple of years in USA. My family members are still filing the taxes.
Dear Balchandra,
Normally when a green card petition is surrendered, during its validity period, a visitor's visa is issued. But that is not the rule. The applicant of the visitor's visa has to satisfy that he / she has no intention of permanently residing in USA and has strong family and financial ties in his / her home country. In your case the same may be difficult.
Filing Petition
Manju asks,
My husband is a green card holder; he's residing in US for the last 2 years. We got married in India 3 months back. My question is can a green card holder apply for his/her spouse? How long will it take for me to get a visa? Or do we have to wait until he becomes a US citizen? Is there any solution that we get to live together in US as soon as possible?
Dear Manju,
Your husband should file petition for your immigrant visa, which will be under Family 2nd A Preference category, and as soon as he becomes a US citizen he can convert the same into an immigrant category. There is no solution for you to live along with your husband in USA immediately. You have married a green card holder and ought to have known it takes 5 years to receive an immigrant visa based upon a marriage with a green card holder.
Adjustment In Status
Banny asks,
I am a US citizen. I am planning to go to India this year. After getting married to an Indian what is the best immigration procedure that I should follow to invite my spouse. Please help me and let me know how much time it will take to live life together as a couple.
Dear Banny,
After filing immigrant visa petition for your Indian spouse you may file petition for K-3 visa, which would be processed and approved within 6/8 months. Your spouse can then travel to USA. Once the immigrant petition is being approved, apply for adjustment of status in USA itself.
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