Immigration Answers - 2nd Update, February 10th 2004

Name: Rohit Poduval Citizenship: India
Country Living In: United States of America

Question:1

Is a person working in the US on an L1 visa allowed to get involved with part time study at any US University

Answer:

As long as he maintains the L status, going to school is not an issue. Good luck.


Name: Anchalee Citizenship: United States of America
Country Living In: United States of America

Question:2

Hi, I am an Thai and my boyfriend an America citizen. now we're living in Singapore. we'll go to America in the next month. We went to Thailand for maked my Viasa to come to America and I got it for 1 month and 2 weeks. Our plann is to marry in America and my question is do I have enough time to manage everything's about paperwork? what I have to do to get marry in America? and how logn done it take to be done?
Plases answer, thank you

Answer:

Yes, you have time to do the paper work. You could do the paperwork within the timeframe. Should you need further info/assistance please contact me at 646-284-6679.


Name: subha Citizenship: India Country Living In: United States of America

Question:3

My husband's H1 visa is due to expire in Nov 2004 completed 6 years. He has applied for his GC in 2002. We are still in the first stage of Labour in GC. Will he get an extension for another year of H1 visa if we apply for it. Our daughter is an American citizen. Can we get an extension of visa status based on her.

Answer:

If he had applied for the labor and if it is pending for more than a year, your husband is eligible for the 7th year extension. If your USC daughter is 18+ she can sponsor you for permanent residency. If she is a baby, unfortunately nothing can be done now.


Name: Geetha Iyer Citizenship: India Country Living In: India

Question:4

I want to know about What should i do to get Visitors visa for U.S. for two months.

Answer:

You should apply for visitors visa in the US consulate. You have to show your financial position and also show proof of your intent of coming back to India. Should you need further info on this please email me at askkavitha@bharatmatrimony.com


Name: pooja Citizenship: India Country Living In: India

Question:5

I have a H1b and would like to apply for my green card. when can I apply. Is there any minimum time that I need to wait before I file for my green card

Answer:

No, you can apply anytime. Permanent residency is for a future employment. However certain companies have certain policies on filing for GC. Check with your company’s policy on filing for Permanent residency (GC).


Name: Ramesh Ramaswamy Citizenship: India
Country Living In: United States of America

Question:6

Hello,
I am presently working in USA with H1-B Visa status. I have filed for GreenCard and expect to get it in next 3-4 years. I know I can get my parents to visit me for a period of up to 6months on visitor visa.
I want to know if there exist a way to get them to permanently stay with me. I am the only child they have. If yes please tell me the details.
Thanks,
Ramu

Answer:

Unfortunately till you become a citizen you cannot file for your parents permanent residency and they cannot stay with you permanently. They can get only visitor visa and can only stay here for a max of 6 months with a possible extension of another six months.


Name: Javier Age: 22 Sex: M Place: Houston, Texas

Question:7

I've been with an american girl for almost 3yrs. We have a 2 1/2 month old baby and we wish to get married. I am an illigal alien from argentina, I've been in the US for 10yrs. I came in legaly but never left. I don't know what to do.

Answer:

If you had come here legally and if you are married to a USC, your spouse could sponsor you even if you are not staying here legally. Should you need any further info please call me at 646-284-6679.


Name: Ron Price Age: 49 Sex: M Place: Homestead, FL

Question:8

I wish you well, my question is one that I haven't been able to find an answer as of yet. Me and my girlfriend (who is 49) are engaged to marry, she is here on a work visa and has been here for over 2 years, however the company that sponsered her is closing down, we want to marry as soon as possible but are concerned over the visa situation as she will become unemployed, her sposorship for working is $3,000, she is from Venezuela and to find someone to pay for a new sponsorship is near to impossible. She has been offered a job elsewhere but they won't pay for her sponsorship. What paperwork do we have to do once we are married and to change her status? She does not want to go back to her country, can she work for the othe rcompany without a work visa?
We are just wanting to keep everything legal as well as get married without the fear that she may have to leave.
Thank you in advance, Ron Price

Answer:

Hi, I am assuming that you are a US citizen for this answer. You can get married to your girl friend and file for her relative petition I-130 and adjustment of status. Also you can file for her EAD and she will get it within 90days and can work with an EAD. Please send me your email address to askkavitha@bharatmatrimony.com or call me at 646-284-6679 and I will send you further info and checklist.


Name: nagarajan Age: 69 Sex: M Place: Madras,India

Question:9

My son has got a green card for him and his wife. Can we - the parents - also be considered. Our only daughter is also in the U.S.A. on F 1 visa - student.

Answer:

Unfortunately neither your son nor your daughter could sponsor for your GC, however they could sponsor you for a visit visa. When one of them becomes a US Citizen then they could sponsor you as a parent of a USC.


Name: Dani Age: 33 Sex: M Place: New York

Question:10

I've been married to my wife for 11 months. She is an American citizen. I am not legal. We were planing to file for me. But now we have broken up. We are getting an annulment. How is this going to affect me. We havent sent in any forms to adjust my status.

Answer:

Unfortunately since you have not filed any papers yet and as you are getting an annulment nothing can be done now. You cannot file for AOS now.


Name: Seema Desai Age: 27 Sex: F Place: Florida

Question:11

I have recently acquired my K1 VISA on 8th January 2004. I am currenly residing in A'bad Gujarat. I shall be flying to US (Florida) soon. I understand that I have a period of 90 days to get married. However, I would request you to kindly indicate the current status on the following in order to avoid any possibility of legal implication what soever.
1. Would there be any stipulated period 'from' the date of marriage, taking place before the expiry of 90 days from the date of landing in US, to inform & submit the relevant documents to the INS? If so, kindly specify the period?
2. Do I have 'only' 90 days to get married and also file/inform with/to the INS the various required documents?
3. How much maximum possible time is needed to obtain a legal marriage certificate from the date of solemnizing the marriage as per Hindu rites?
Pray for an early reply.

Answer:

Hi: You have to get married within 90 days from the date of the arrival in to US. It is not necessary that you file the papers before 90 days, however the date of marriage on the certificate should be before 90 days. Good Luck.


Name: REINA REYES Age: 23 Sex: F Place: TEXAS

Question:12

A RELATIVE WANTS ME TO GIVE HER MY W-2 INCOME TAX FORMS, SS# CARD, D.L., AND U.S. PASSPORT AND ALSO TO WRITE A NOTARIZED LETTER STATING I AM FINANCIALLY RESPONSIBLE FOR HER; ALL THIS BECAUSE SHE GOT AN APPOINTMENT TO RECEIVE HER RESIDENT ALIEN CARD ON 2/8/04. IS THIS A FAIR PETITION. I DON'T UNDERSTAND WHY SHE WOULD NEED MY PLEDGE?? I SAID NO, BECAUSE I DO NOT UNDERSTAND THESE REQUIREMENTS. SHE ALREADY LIVES HERE IN THE U.S.

Answer:

Your friend is requesting you for a joint sponsorship. It is required that she shows that her income is above the poverty line so that she/her family member doesn’t become responsibility of the state. If the income is below the poverty line, she is required to provide a joint sponsor to make sure that someone else would support her/family in case she is not able to do that. You have to decide if your want to support her or not.


Name: munna Age: 27 Sex: M Place: itanagar

Question:13

Can i take my fiance to usa before marriage.

Answer:

You can take your fiancée to USA only if you are a US citizen. If you are a USC, you can take here in K-1 visa and get married in US within 90 days of arrival.


Name: ozzie Age: 28 Sex: M Place: ct

Question:14

i am us citizen, i got married in india 1998. we did not have a wedding pictures so us embassy in bombay did not give her visa. i personally appeared in us embassy based in bombay at year 2000 seeking a visa for my wife. but they thought the case was suspious and refused the visa, so i went back to india in nov2003 and i got divorced.
now i am planning to go back to india and marrying another girl in april 2004.
i need your advise , do i have to submit any kind of documents to INS before in the order to withraw the pending case? Is there any legal immigration process that i have to do before i marry again or file for my future wife?

Answer:

If you are getting married in April, you have to file for the relative petition here and then file for K-3 visa. K-3 visa has to be stamped in the consulate in India. To file for K-3 you have provide the marriage certificate, photos, divorce certificate of previous marriage/s, any communications you have, financial support documents etc.. If you are getting engaged and would like to bring your fiancée here, you could do that and you should file for K-3 visa here in USA. You have to produce all the documents above except the marriage certificate. After it is approved here, you have get the visa stamped in India. You have to get married to her within 90 days of her arrival.


Name: Sundar Age: 24 Sex: M Place: Hydrabad

Question:15

I am applying for H1B VISA thro' my IT company where i am working now. i thing, i may get the VISA by may 2004. After that if i quit from that company, they will cancel my VISA which is the part of exit formalities of that company. So if my VISA is cancelled as i said above, would it affect me next time when i am applying for VISA.

Answer:

You could do a H-1B transfer if you have another Job offer here. You should do that before you quit the job. If you do not over stay, your next time entry will not be affected.


Name: Syam Age: 31 Sex: M Place: California

Question:16

Hi there,
I applied for my I-485 on April 2002 and got my work permit in May 2002. Right now, my H-1 has expired and I am on the work permit. What are the chances that I can marry a girl back home in India, bring her here immediately and also have her name included in the GCard ? The current I-485 processing date is Jan31st, 2002. Please advise.

Answer:

If you are married before you get the AOS approval, you can do a follow to join petition and you can bring your wife here. You cannot bring her here immediately as your H-1B has expired. However she could join you within a period of approximately one year.


Name: PARASHAR Age: 22 Sex: M Place: INDIA

Question:17

I WANT TO GO TO US. BUT I ESTABILESH A BISSNESS HERE . CAN I GO US ON BISSNESS BASIS? (I AM A PHOTOGRAPHER, A PROFESSINAL PHOTOGRSPHER) TELL ME THE WAY FROM WITCH I TAKE AND GO Us.

Answer:

It depends are how well known you are and how big you are. If you a pro you could come here in extraordinary ability category. O-1 visa. You could also try to Business visa-B-1 visa if you are coming here for business reasons.


Name: N.R. Rajkumar Age: 57 Sex: M Place: New Delhi

Question:18

My daughter will be marrying soon an Indian working in US. What are the requirements/documents necessary to enable her to get the necessary visa to be able to go along with her husband soon after marriage?

Answer:

It depends on what visa your would be son in law is in USA. If he is on H-1 your daughter could go on H-4 visa. You need the marriage certificate, H-1B documents, Passport copy, employment letter and the required check for stamping. If he is a permanent resident (GC holder), it may take years for her to go there.


Name: Jason Koteen Age: 29 Sex: M Place: California, LA

Question:19

My girlfriend is from Brasil and is now here on a visitors visa (B1 i think). We would like to get married without her having to go back to Brasil. What forms and procedure must i follow to allow this to occur? Thanks

Answer:

If you are a US citizen, you could get married to your girl friend and you have to file for her I-130 and I-485 petitions. She need not go back to Brazil. She can adjust the status here. Should you need any further information, please feel free to contact me. Good Luck with your marriage and the immigration process.



 

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