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 US
Immigration Attorney Nandini Nair says that a document proving
valid engagement is the key to procure K-1 visa
I am
about to get married to a girl who is in the US. My queries are
as follows:
1)
If I get engaged in India and try for fiancé visa, how long
will it take to process this visa? When can I enter the US? How
soon do I have to get married once I enter the US?
2)
If I marry in India and apply for K-3 visa, how long will it take
to process this visa? When can I enter the US?
3)
If I get married, what type of evidence do I need to show?
4)
Will it be faster if she processes the visa or should I do it in
India?
Suresh
Kamble
The
processing time for visas depend upon the office it is filed at,
but the normal time taken is 60 days to 120 days. Once the petition
has been approved, the US Consulate indicated by you, in the documents,
will be notified. They will send you a packet containing all the
information and the necessary forms, which you will have to fill
up and send back to them. On the basis of these documents an interview
will be scheduled and you will get your visa. This process can take
about two to four months. Once you enter the US on that visa, you
have to be legally married and should have applied for your green
card within 90 days. Even if you decide to marry in India, the time
taken for processing is about the same and you can enter the US
only when you have been notified by the consulate, complete the
necessary forms, go for the interview and get your visa stamped.
To apply for the K-1 fiancé visa, you need to show proof
of a valid relationship through various documents, including letters
to each other, telephone bills, pictures together, engagement invitation,
etc. For K-3, you need to file the marriage certificate plus all
the INS forms. You cannot process the visa in India. Since your
fiancé KReSITis in the US, she is the one who will have to
complete all formalities. After she gets her approval in the US,
she will forward you the original approval notice for you to show
at the time of the interview.
The
software company for which I am currently working, is planning to
send me abroad on B-1 business visa. I already have H1-B visa stamped
on my passport. I have not informed the company about this. Will
my H1-B stamping come in the way of my B-1 visa processing?
Girish
Masand
The
H1-B stamp on your passport will not necessarily affect your B-1
visa processing. However, you might be questioned about it at the
port of entry, for which it is best to give an honest answer. You
can have the privilege of either the H1-B stamping or B-1 visa,
but not both. The authorities will ask you to choose between the
two and if you choose B-1 then the H1-B will automatically become
void.
I
am a textile engineer in a company in India. My sister is a green
card holder. How can I get visa for a long duration to settle there?
I know about GRE exam, but I am not interested in higher studies.
Arun
Kulkarni
After
your sister becomes a US citizen, she can sponsor you under the
fourth preference category, brother or sister of US citizen. There
is no other way by which she can help you to settle in the US. The
wait however is about 12-15 years before you would be able to get
your green card and settle permanently in the US. You may want to
reconsider the higher studies option or look to see if you can find
an employer willing to sponsor you for H1-B visa.
(Nandini
P. Nair is a US Immigration Attorney based in Stamford, USA. Email:
dininair@aol.com)
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