Sponsoring spouse/fiance of US citizen

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rg50

Registered Users (C)
Hello All Immigration Gurus,

I'm looking for some advice on sponsoring spouse/fiance from India as it applies to a US citizen residing in the US. I'm looking to get married to a girl currently residing in India. I don't want her to remain in India post marriage or minimize her wait to the extent possible.

a. Do I bring her on a Fiance visa and get married here? What is typical success rate of getting this type of visa? What happens after she comes here and gets married? What is the process to get her status adjusted to conditional PR after marriage if she is already here? Is this process fairly straightforward and can she remain in the US during this process?

b. Supposing the marriage is held in India, then how difficult is it to get her conditional PR processed while she waits in India and how long does this process typically take?

I realize that I've asked a lot of questions, but I would greatly appreciate any feedback.

Best Regards,
rg50
 
rg50 said:
Hello All Immigration Gurus,

I'm looking for some advice on sponsoring spouse/fiance from India as it applies to a US citizen residing in the US. I'm looking to get married to a girl currently residing in India. I don't want her to remain in India post marriage or minimize her wait to the extent possible.

a. Do I bring her on a Fiance visa and get married here? What is typical success rate of getting this type of visa? What happens after she comes here and gets married? What is the process to get her status adjusted to conditional PR after marriage if she is already here? Is this process fairly straightforward and can she remain in the US during this process?

b. Supposing the marriage is held in India, then how difficult is it to get her conditional PR processed while she waits in India and how long does this process typically take?

I realize that I've asked a lot of questions, but I would greatly appreciate any feedback.

Best Regards,
rg50
Click to expand...

Here is a link where you can find all the information http://www.travel.state.gov/visa/immigrants/types/types_1315.html
 
You have 3 options. All are straightforward.

1. Apply for fiancee visa and marry her within 90 days of her arriving in US and then apply to adjust status to permanent resident.

2. Marry her in India, file I-130 and proceed with consular processing of immigrant visa through US consulate in India. She will get immigrant visa relatively quickly (within 6 months)

3. If she can obtain some non-immigrant visa on her own and come to US, you can get married and apply for permanent resident status (preferably at least 60 days or more after she has entered US to avoid visa fraud issues). This process can be long due to long processing delays at local district offices.(Could be 2 yrs depending on which disrict you reside in). But at the same time she will be in the US with you.
 
stallion4949 said:
You have 3 options. All are straightforward.

1. Apply for fiancee visa and marry her within 90 days of her arriving in US and then apply to adjust status to permanent resident.

2. Marry her in India, file I-130 and proceed with consular processing of immigrant visa through US consulate in India. She will get immigrant visa relatively quickly (within 6 months)

3. If she can obtain some non-immigrant visa on her own and come to US, you can get married and apply for permanent resident status (preferably at least 60 days or more after she has entered US to avoid visa fraud issues). This process can be long due to long processing delays at local district offices.(Could be 2 yrs depending on which disrict you reside in). But at the same time she will be in the US with you.
Click to expand...

for the #1, I have read some posts about both parties must have met in person 2 years prior to file the petition. Is it true?
Also, how can one prove to "meet in person"? such as travel tickets to oversea? hotel reservation.. etc?
 
Thank you for your response stallion4949.

Would you happen to know that for option 1 below, which is fiance visa, whether she will be able to remain in the US while the status adjusment is in progress? And does the adjustment of status have to be petitioned within the 90 day period for which the fiance visa is valid? I do realize that the marriage has to take place within the 90 day period. In other words, what would be her status between her fiance visa expiration and adjustment of status filing as a spouse of a US citizen?

Thanks again.

Regards,
rg50


stallion4949 said:
You have 3 options. All are straightforward.

1. Apply for fiancee visa and marry her within 90 days of her arriving in US and then apply to adjust status to permanent resident.

2. Marry her in India, file I-130 and proceed with consular processing of immigrant visa through US consulate in India. She will get immigrant visa relatively quickly (within 6 months)

3. If she can obtain some non-immigrant visa on her own and come to US, you can get married and apply for permanent resident status (preferably at least 60 days or more after she has entered US to avoid visa fraud issues). This process can be long due to long processing delays at local district offices.(Could be 2 yrs depending on which disrict you reside in). But at the same time she will be in the US with you.
Click to expand...
 
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