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Legal » Immigration » Marriage-solemnized-090714
 
Can Marriage Be Solemnized On Visitor Visa?

Sudhir Shah 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.

Immigrant Visa

Question Blossom asks,
My friend a spinster aged 48 years married an USA citizen 54 years, a widower with children in Delhi through Arya Samaj ceremony. As friends are in Bangalore we had a small function and they registered in Bangalore. What are the legalities to apply for a USA Visa? Kindly advise?
Answer Dear Blossom,

The USA citizen can file a petition for an Immigrant Visa for your friend. It will fall under the Immediate Relative Category and may be approved within a year or two. After filing that petition he can file a K-3 visa petition for her. That petition will be approved within 4-6 months and your friend will be in a position to travel to USA and then stay there, work there, study there or do whatever she feels like. When immigrant visa petition is processed and approved, she may adjust her Status from K-3 to immigrant and receive a Green Card.

To be eligible to receive K-3 visa and/or Immigrant visa, based upon the relationship of marriage with a US citizen, your friend will have to produce her marriage certificate, photographs of her marriage, her birth certificate, marriage certificate of her husbands' previous marriage, death certificate of his first wife and police and passport clearance certificates. She will also be questioned as to why she thought of marrying someone from USA, why the marriage was performed in Delhi and registered in Bangalore.

It would be advisable if your friend and her husband seeks professional guidance and have the petition filed for immigrant visa and thereafter the petition for K-3 visa filed through an expert on USA Immigration laws.

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Divorce Petition

Question Priyanka Gupta asks,
I got married in India and my marriage is not registered in US. My husband has filed for divorce in India while I filed for the post separation support and divorce here in USA. He has filed a motion for dismissal of the case because he wants me to show up for the case in India and want the divorce from India. I can't think of leaving the country because I am a student here on F1 visa and so can't disrupt my studies in between and moreover I want to complete my education and desire to work here. Can I ask the court to provide me spousal support even if our marriage is registered in India till our divorce gets finalized?
Answer Dear Priyanka,

From what you have written it appears that your husband has not traveled to USA either as your dependent on F-2 visa or any other visas. It would be ok to have the marriage dissolved by a decree of divorce passed by a US court, provided you are desirous of staying in USA permanently. In India the said decree could be challenged by your husband. USA court can assume jurisdiction if the marriage is not solemnized in USA or the parties have not resided together in USA. But if the Petitioner has resided in USA for the prescribed period of time.

If you want divorce from your husband, why do you bother about the petition filed by your husband against you for divorce? You may merely file a Written Statement in that petition filed against you by your husband stating therein the correct facts denying the allegations made against you, which may not be correct. Even if the US court passes an order against your husband for providing maintenance how would you recover the same? From the scanty facts, which you have provided to me, it is not possible for me to give you proper professional guidance.

You must talk about this to your USA Attorney as well as consult an Advocate practicing matrimonial laws in India and receive proper professional guidance.

Affidavit Of Support

Question Freddy asks,
My sister married an American Citizen they applied for residence. Her hubby is the sponsor; She got her fingerprints taken by emigration on the process. Now they had a fight and he wants to divorce? What are my sister's rights, emigration status, what should she be doing. She is staying with his family cause she doesn't feel safe staying with him. He has asked her to go back to her country.
Answer Dear Freddy,

If your sister's husband is no longer willing to sponsor her for a green card and refuses to file an Affidavit of Support or withdraws the petition filed by him for her, your sister cannot do anything. However if your sister has been assaulted, she can have some recourse as an abused spouse and may be in a position to receive a green card.


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