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Visa Application
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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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Spelling mistake
Meena asks,
I want to migrate to the US with my family but there is a minor spelling mistake in my marriage certificate. How can I make the corrections?
Dear Meena,
If there is a minor spelling mistake in your marriage certificate, it can be rectified by approaching the appropriate authorities.
Special marriage act
Neil Joseph asks,
I am an American citizen wanting to marry an Indian citizen. I got the "no objection letter" from the American embassy, but because they specified that they couldn't not confirm the status of any American citizen wanting to marry any Indian citizen, the local registrar at my fiancées district is causing hurdles for us to get us married. My question is that according to the special marriage act, can I take my fiancée to another place and have register marriage? Will that cause any confusion when I put in the papers to take her to the States?
Dear Neil,
It is rather strange that the Registrar of Marriages is objecting your marriage. To marry under The Special Marriage Act certain residency rules are required and therefore you cannot marry at any Registrar of Marriages. If you both are profusing the same religion then you can consider marrying according to your religious rites to avoid the objection of the local registrar.
US visa application
Prajesh asks,
My fiancée is an US citizen, and I am an Indian citizen. Can she apply for my visa? How much time it will take for the visa, and how long I can stay with her?
Dear Prajesh,
Yes. Your USA fiancée can either file petition for a fiancée visa that will enable you to go to the USA and marry her within next 90 days; provided you have personally met at least once during past 2 years. Otherwise, she can marry you in India and then file petition for your immigrant visa. And during its pendency, file petition for K-3 visa, whereupon you will be in a position to travel to the USA within 8-10 months, and then when your petition for the immigrant visa is approved, adjust your status and receive a green card.
Divorce & remarriage
Milan asks,
I married under the Hindu marriage act and I am getting a divorce in the US, which is being contested by my wife. Will the divorce be recognized in India so that I can marry again?
Dear Milan,
Indian courts do not recognize divorces passed by the USA courts. However, if your wife is contesting the petition in the USA and if a decree is then passed, after such contest, then that decree would be binding upon her in India and you may remarry in India.
Green card
Sami asks,
I was married to an USA citizen; but I was ill treated by them and finally got divorced when I came to India to visit my parents. I stayed in the USA for 1 1/2 year. My green card expires by 10th July. My friend suggested me that I could apply for I-751 petition? How and where do I apply for I-751 petition staying in India or do I have to surrender my green card and social security card?
Dear Sami,
If you desire to have your green card continued, you will have to travel back to the USA during its validity period. File the necessary petition showing the reasons why you are filing the same alone and your spouse is not joining you.
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