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Legal Facade In Immigration
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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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Decree Of Divorce
Snigdha asks,
I am a Permanent Resident (Green Card holder) in the US. I got married to my wife in India about 6 years back. We have to come to a point where we want to mutually separate. We know we don't want to create any hardships for either of us. Can I get a divorce in the US (even though our marriage was registered in India) and will the divorce be valid in India? We would like to avoid going through the divorce process in India due to many circumstances. What are my options? I appreciate your comments.
Dear Snigdha,
You can get a divorce in the USA. If the divorce is taken by mutual consent it will be binding upon both the parties. Otherwise, if the summons is served upon the other side and then the US court passes a decree of divorce it cannot be challenged.
Adding Spouse Name On Passport
Yogesh asks,
My wife has recently became a US citizen and my file transferred to IR1 (spouse of US citizen) category. I am residing at Borivali, Mumbai. Can you assist in Immigration visa document preparation? Also please let me know if it is mandatory to add spouse name in the passport.
Dear Yogesh,
Yes. Certainly I would assist you in obtaining immigrant visa. It is not mandatory to have your spouse's name in the passport.
Immediate Relative Visa
Rajni asks,
I am an Indian girl and married to a USA citizen. I want to make a move to USA now. Sir, I want to know that what type of visa should I file? I am not aware of many things, like type of visa, registration and so on. Hope you will guide me the correct way for it.
Dear Rajni,
You would be eligible to receive an immigrant visa under the immediate relative category. For that your husband will have to file petition for you in USA. He may also have to file an immigrant visa file petition for your fiancé K-3 visa which is permissible for the spouse of a US citizen.
Marrying Legally
Dilip asks,
I have met a girl in Bombay and am planning to get married. What is the best visa - K-1 or K-3? I need to get her here as soon as possible. Place of marriage does not matter; I can get married in US. Also if I get the GC later that is not an issue. Primary concern is to get her to US legally. I am a US naturalized citizen and she is an Indian citizen.
Dear Dilip,
If you marry the Indian girl, you can sponsor her for immigrant visa and then apply for her K-3 fiancée visa. This may take 6-8 months. If you have met her in person during last 2 years you can also sponsor her for a K-1 fiancée visa. A petition for K-1 visa would also take 6-8 month's time.
Denial In Visa
Armando asks,
I am a US citizen and my wife is an Iraqi. She was denied a visa for the reason that the Consular Officer, did not believed her story of how we met. Actually we met on chat. And after 2 1/2 years of talking on the phone, emails, chats, we met in Syria. What can we do to reverse that decision?
We provided proof like: pictures, marriage certificate, etc. We need to prove to the USCIS that we married for love. And this is a bonafide one, not arranged or anything. Please advise us as what we can do? Thank you for your reply.
Dear Armando,
When was your wife's immigrant visa application denied? Normally, if the officer is in doubt the application is kept in Administrative process. However as the application for visa is denied a notice will be served upon you, asking you to show cause as to why the petition approved for the benefit of your wife should not be revoked. You can show cause at that time. You may also on your own without waiting for such a show cause notice approach the USCIS.
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