Read this---
For general informatiion, visit the FAQ on our site and our discussion forums.
If you wish to proceed yourself, please read:
Forms are available at:
http://www.ins.usdoj.gov/graphics/formsfee/index.htm
Processing times and visa processing dates are on our web site.
http://www.immigration.com
Quick Tip: K-1 Visa FIANCE(E)
+++++++++++++++++++++++++++++++
If one of the prospective spouses (NOT married yet) is a US citizen, A Fiance Visa (K-1) is another option to look at. Read the FAQ on our web site for basic information.
FOR MARRIED COUPLES
++++++++++++++++++++++++++
The typical procedure for a US citizen to sponsor his/her spouse is as
****************
follows
1. Get married. In U.S. or abroad. If the marriage is legal in the country abroad, it would normally be considered legal in the U.S. without anything else.
2. If spouse is in the U.S. and ENTERED USA LEGALLY (OTHER THAN ON VISA WAIVER) AND IS CURRENTLY IN STATUS file with INS having jurisdiction over the US Citizen's Place of Residence:
File forms: I-130 pkg.
I-485 pkg. (Including Affidavit of Support and Medical Examination)
I-765 (Work Authorization)
I-131 (If travel abroad during this process may be needed)
Work authorization should be given in 90 days or so. Rest of the process total 6-20 months.
3. If spouse is abroad file in the U.S. as above or file in the spouse's country of residence with the closest U.S. consulate:
File forms: I-130 pkg. only
Spouse should be in the U.S. in 6-12 months.
In 2002, K-3 visas have become available, which could cut short the time period even further.
INFORMATION ON THE K-3 VISA
Under this new non-immigrant visa classification, spouses of U.S. citizens
may be granted K-3 non-immigrant status, and the spouse's unmarried children
(under 21 years of age) may be granted K-4 non-immigrant status.
Eligibility Requirements
Be the spouse of a U. S. citizen.
He/she is the beneficiary of a petition (I-130) already filed with the US
Immigration and Naturalization Service (INS) as the spouse of a US citizen,
but which petition has not yet been approved by INS.
Have a Form I-129F (Petition for Alien Fiance(e)) completed and submitted on
his/her behalf by his/her U. S. citizen spouse.
He/she wishes to enter the United States to await the approval of the I-130
petition by INS or the availability of an immigrant visa.
All four qualifications must be met before overseas processing of the
request for the K visa can begin. If an I-130 petition for the spouse is
already at the overseas post, then an immigrant visa will be processed
instead of the non-immigrant K visa. If an immigrant visa based upon the
I-130 petition for the spouse has already been denied, then neither the
spouse nor the spouse's children may qualify for a K3 or K4 visa.
The K-3/4 visa must be processed in the country in which the marriage took
place
----------
The typical procedure for a US Green Card Holder to sponsor his/her
************************
spouse is as follows:
1. Get married. In U.S. or abroad. If the marriage is legal in the country abroad, it would normally be considered legal in the U.S. without anything else.
2. If spouse is in the U.S. file with INS having jurisdiction over the US Citizen's Place of Residence:
File forms: I-130 pkg.
Please note, mere filing or approval of Form I-130 does not confer any legal status. If the spouse wishes to reside in the USA, they will have to maintain a legal status of some sort (example, F-1, H-1 etc.).
3. If spouse is abroad file in the U.S. as above or file in the spouse's country of residence with the closest U.S. consulate:
File forms: I-130 pkg.
Please note: it will take perhaps over 5-6 years for the spouse to get their GC. You can figure out the expected times from
http://www.immigration.com/newsletter/vbarchive.html It is usually not possible for a spouse who is outside USA to visit US during the pendency of the green card application. They could obtain an H-1 or L-1 if they can.
FAQ - Married to a US Citizen AND Permanent Resident
-------------------------------------------------------------------------
Q1. Once I apply for green card, is it compulsory for me to live in USA till the time I get green card approval? Since I am on H1-B visa, if my project expires, I may have to return to India while my green card processing continues here.
A1. You can return to India.
Q2. After applying for green card, if I happen to return to India, can I come back to USA and start working again on my H1-B visa if it is valid?
A2. You can resume your H-1.
Q3. With reference to Question 2, if my H1-B visa is expired when I am in India, can I get my new H1-B visa if my Indian employer files the same? Is there any chance that re-applying H1-B visa (after it expires) may get rejected by INS when my green card is under process at the same time?
A3. Pending green card should not be a ground for denial of a new H-1.
Q4. While my green card process continues, at the completion of which stage of green card, I can be eligible to change my job or employer?
A4. When you file your I-485 and receive employment authorization.
I am an Indian citizen currently in US on F-1 visa. I have always been on legal status. I completed a MS program and now doing my PhD. I am planning to get married to a US citizen in. The marriage will be in India. The following are my concerns.
Q5. Is there a problem in entering back US on my valid F-1 and my current valid I-20 form? If I apply for permanent residency and change of status based on marriage after I enter US, is it against the intent and spirit of non-immigration of F-1 visa?
A5. Yes, there can be a problem, at least theoretically. An F-1 (unlike an H-1 or an L-1) does NOT permit "dual intent" (intent to immigrate while seeking a nonimmigrant entry. So the CIS at the airport could turn you back.
Q6. Should I get a marriage certificate from India? IS there a problem if get a marriage license in US, (after I re-enter) and get married (for legal purpose, after the wedding happens in India)? Will INS suspect immigration fraud? In my case, there is no intention for immigration fraud.
A6. The marriage in India is acceptable as a legal marriage in USA. You should not get remarries.
Q7. If the INS approves the petition (before the interview) and in case, if I want to leave the my academic program and work, how long it takes before I can do that?
A7. You can leave your academic program once the I-485 is filed.
Q8. Is there anything else you feel I should know?
A8. The safest thing is to get married in USA and apply for 130/485. Then upon receipt of advance parole, you can travel back and have a reception or religious ceremonies in India.
