US Citizen marries in India

[laluna7]

Hi!

I don't know if anyone can help out...but I am a little stressed.
I am a USA born citizen with an Indian fiance who lives in India. I am planning on traveling to India in October of this year so we may marry there and live there until we decide otherwise to go to USA.

Does anyone know any answers to the following questions??
(The phone calls and emails to consulates are horrendous...and I can never get responses).

1. What kind of visa would you suggest I apply for without having to leave my fiance there or deal with multiple entry?

2. Also, considering I am marrying a foreigner in his own country, how is my citizenship in the USA or India affected?

3. What kind of registrations would I have to go through to legalize our marriage in both countries?

Any information would be great.
I am running out of time as I plan to travel in October...and don't have many answers yet.

Thanks!

 

[kagemusha]

I don't know if anyone can help out...but I am a little stressed.
I am a USA born citizen with an Indian fiance who lives in India. I am planning on traveling to India in October of this year so we may marry there and live there until we decide otherwise to go to USA.

I might find myself in your shoes later this year. I am not a born citizen but got naturalized recently and my prospective fiancee is Indian.

1. What kind of visa would you suggest I apply for without having to leave my fiance there or deal with multiple entry?

As the spouse of a US citizen your fiance (once he becomes your husband) will be eligible to a green card (a conditional one for the first 2 years). However the process is not all that straight-forward and can take 6-9 months or more depending on which route you opt for. The two routes are

1) K3 - file I-130 petition and file I-129F petition immediately after a notice of receipt for the I-130 is received (don't have to wait for it's approval). Once I-129F is approved, spouse appears for visa interview at US consulate in India and once the visa is approved he can join you in the US. He would still not have a green card and for that you would have to file the I-485 adjustment of status petition once he is in the US. It could be 6-9 months before he makes it to the US on a K3.

2) Consular processing - file I-130 petition and once it is approved have your spouse go through consular processing at US consulate in India. This is a multi-step process that can take a while. With this route it may take longer for your spouse to join you in the US but he will have a green card when he comes to the US (and won't have the additional wait for the I-485 to be approved).

Most other visas (visitor, student, etc) don't allow immigrant intent and so your future spouse may not have luck getting any of them if he is married to a US citizen (which is a clear sign of immigrant intent). Even if he happens to get such a visa, entering the US on it will be tricky since it violates the conditions of the non-immigrant visa and can come back to haunt him later. H1/L1 are work visas that allow immigrant intent and so he may want to try getting one of them (will need an employment offer from the US for that) if you don't want him to be stuck in the US for 6-9 months.

2. Also, considering I am marrying a foreigner in his own country, how is my citizenship in the USA or India affected?

Marriage doesn't affect your citizenship in any way.

3. What kind of registrations would I have to go through to legalize our marriage in both countries?

I am assuming that proof of formal registration of your marriage in India will be honored by the US authorities as well. Maybe someone else can chime in here.

-KM

 

[aashn]

if you haven't already, go to www.visajourney.com.

 

[nifty97]

explain it to me more on number 1)

I might find myself in your shoes later this year. I am not a born citizen but got naturalized recently and my prospective fiancee is Indian.



As the spouse of a US citizen your fiance (once he becomes your husband) will be eligible to a green card (a conditional one for the first 2 years). However the process is not all that straight-forward and can take 6-9 months or more depending on which route you opt for. The two routes are

1) K3 - file I-130 petition and file I-129F petition immediately after a notice of receipt for the I-130 is received (don't have to wait for it's approval). Once I-129F is approved, spouse appears for visa interview at US consulate in India and once the visa is approved he can join you in the US. He would still not have a green card and for that you would have to file the I-485 adjustment of status petition once he is in the US. It could be 6-9 months before he makes it to the US on a K3.

2) Consular processing - file I-130 petition and once it is approved have your spouse go through consular processing at US consulate in India. This is a multi-step process that can take a while. With this route it may take longer for your spouse to join you in the US but he will have a green card when he comes to the US (and won't have the additional wait for the I-485 to be approved).

Most other visas (visitor, student, etc) don't allow immigrant intent and so your future spouse may not have luck getting any of them if he is married to a US citizen (which is a clear sign of immigrant intent). Even if he happens to get such a visa, entering the US on it will be tricky since it violates the conditions of the non-immigrant visa and can come back to haunt him later. H1/L1 are work visas that allow immigrant intent and so he may want to try getting one of them (will need an employment offer from the US for that) if you don't want him to be stuck in the US for 6-9 months.



Marriage doesn't affect your citizenship in any way.



I am assuming that proof of formal registration of your marriage in India will be honored by the US authorities as well. Maybe someone else can chime in here.

-KM

I was looking at the statute, it did not metion anything about waiting to get Notice of receipts -I 130 in order to file the form I-129F. please check the instruction again on the form I-129F and check the statute on K3. and let me know I may be wrong on this i want to clear. they way I understand it that you must show proof that you file form I-130 to complete form I-129F -- buy making copy of form I-130 and attached it with Form I-129F as exhibit that you filed Form I-130. --Please let me know if my interpretation is off the line. thank you.

nifty97

 

[nifty97]

Does anyone know how long does it take for K3 or k2

Hello,

I am trying to find out how long does it take for spouse visa, k3 or k1 to be appprove. i was trying to find out perimeters of k visa, on Life act but i could not find. there is no place on the statue state how long USIC takes to approva k3, if you find out or anyone has any information on the time limit, please let me know.