Question: 1
How can we make sure before marriage that an Indian living in USA has got the American citizenship or not. As people lie for the same. I have heard that it is tough for a green card holder to take his wife to US as compared to an American citizen.

Answer
You are right. It’s tough for a green card holder to bring his wife immediately and the wait long. If you would like to check the citizenship you can ask for the passport copy. Good Luck.

Question: 2
My fiancée works here in the US but he is on H1. We get married April. I was wondering how long will it take to get his green card. I am a citizen

Answer
If he would like to apply for the green card by marriage, he could do so by filing for adjustment of status from here. Depending on the place, you will get a conditional green card within a year. After two years you have to apply to remove the condition and you will be called for an interview. If you are together that time the condition will be removed and he will get a permanent residency. If you need any further info please call me at 646-284-6679.

Question: 3
My son has just got his Hi visa. Earlier he was on a student visa. Should he go to India to Have his H1 visa stamped on his passport.

Answer
Yes, for any change of status he has to go out of the country for stamping.

Question: 4
I am the founder and chairman of a religious non profit organization, registered in India in 1998, and registered in New Jersey on June 2003. We have a trust. 5 trustees, have a FEIN no, and applied for 501(C)(3). I have travelled to US regularly since last 3 years. The trustees propose to sponsor my R1 visa. If I travel to US on a B2 visa and then get my status changed to R1, will there be any problems? I have to come to India every 6 months. Would the immigration here in Delhi create any problems because of change of status?

Answer
You can change your status to R-1 here. However you have to get stamped in Delhi Consulate if you choose to travel outside the country. You can even apply for R-1 from Delhi. If the offer and the employment and your qualifications are genuine there shouldn’t be any problem in the stamping.

Question: 5

Person came on B2 visa & change the status to H1, will there be any problem travelling outside USA after receiving EAD & ADVANCE PAROLL?

Answer
Yes, you could come back to US with advance Parole without any problem even if there is no H-1B stamping in the passport.

Question: 6

My green card was issued between 1979 and 1988. Do I need to renew my green card? thank you

Answer
Even if there is no expiry date you have to renew your green card. Go to the local USCIS office and apply for the new card. You will get a temporary stamping in your passport. It is a requirement that you should replace your old green card. For further details call me at 646-284-6679.

Question: 7

I am currently on a business visa in US. We have a couple of opportunities in US, which I need to attend and I need to stay in US for a year more. I want to get my wife and daughter to US. It is being difficult to stay away from them. Can you please suggest a visa, Our company is 6 years old and is employing 10-20 consultants and 4 years old in India with 40 employees. I am working with this company for the last 4 years.

Answer
I would suggest that you change your status to L-1 or H-1B and bring your wife and daughter here. For further assistance please feel free to contact me at 646-284-6679.

Question: 8

Hi, First of all I am on F-1 visa and I got married to an Indian girl who has a Green Card here in U.S and then she applied for my Green Card in Jan 2004. I know this process takes about 3 years. But my wife is getting her citizenship around AUGUST 2005. And so she will again apply for my Green Card on basis of her citizenship during that time. So in one year time by AUGUST 2006 I expect to get my Green Card.
Now the problem is that my F1 visa expires in May 2005 and unless I get my H-1 I cannot live in U.S with her. I wanted to ask u that as a spouse of a GC holder and as I am already in U.S can I continue staying with her in U.S from May 2005 to Aug 2006 in any way or under any special provision of INS for spouse. And in Aug 2005 she will apply for my GC again based on her citizenship. If I stay in U.S till Aug 2005 in anyway then will I be given and condition visa to help me stay with my wife until my GC is processed as I am already in U.S

Answer
You have different options in this case. You can go back and get it stamped there once the K-3 is approved or stay here and do the adjustment or change the status. To discuss in detail please call me at 646-284-6679.

Question: 9

I am 50 yrs old, US citizen, lives in America, has been divorced 3 years now and I have a boyfriend and want to marry him. He works in Dubai for 8 years now, he is a Muslim and belongs to the Islam belief. In his religion it is acceptable for him to marry more than one woman. He is married now, has a wife. I want to get married to him, and my question is, is it possible for me to petition him to US as a fiancée visa and get married here in America as soon as he arrives, or if we meet and get married in the Philippines, where he is from and currently on a working visa in Dubai, will it be possible for me to petition him to come to US under spousal visa? Please advise me of what is best for me to do. Thank you.

Answer
United States doesn’t allow Bigamy and unfortunately you cannot petition for him when he stays married either as a fiancée or as a husband. Good Luck.

Question: 10

I am getting married to us citizen of Maryland. Mine in laws are saying that we can not apply from new Delhi after marriage for mine immigration. They are saying it is new law. I am doctor please tell me how to handle this confusion

Answer
Good luck with your marriage. You have 2 options.
1. You get married and he has to file for the relative petition I-130 and then file for K-3 visa. Once it is approved then you can go to Delhi consulate to get the visa, or
2. the option number 2, if you are engaged he can file for the fiancée visa and once it is approved you can come here and get married within 90days after your arrival in United States. The later takes less time 3-6 months approx and the former option takes approx. a year.

Question: 11

Hi, I am living in the USA on a dependent visa, ie H4. I want to do MBA. My question here is... What kind of visa I have to apply for and do I have to go through all the procedures as the same way we do while we are in India? Please kindly guide me

Answer
You can study while on H-4 and if you want to change to F-1 visa you can do so by filing the I-539 form. For help with change of status please call me at 646-284-6679.

Question: 12

I am a U.S. citizen. My fiancée is from Trinidad and Tobago, and she is currently in the U.S. on a one year work extension of her F-1 Visa. Her work extension will expire before our wedding, so is there anyway for her to extend her ability to stay and work in the U.S. legally before the wedding. And after the wedding what must we do to start the process of obtaining a green card for her?

Answer
Your fiancée could change the status to H-1B visa. Unfortunately that option is not available now, as the H-1B cap has been reached. She has 60 days time legally to stay in this country after the visa, so if you are planning to get married before that that is the best option. Once you are married to have to file for the relative petition and adjustment of status. Please call me at 6464-284-6679.

Question: 13

I work for a top Indian IT firm and I had a H1 B visa issued to me in Jan 2001. I had been in the US from May 2001 until June 2003. My visa was initially granted for 2 years from Jan 2001 to August 2003. Hence it expired when I am in India. Now I am in India, and since the H1 cap for this year is over, can I still send my visa for renewal or should I wait for Oct 2004 for the quota to open again ? Does the quota affect me since I am renewing my Visa ?

Answer
You did not say if you have another H-1B approved for you to go for stamping. If you had filed for an H-1B extension you can still go and get the visa stamped. If you had filed for a transfer and has the approval you could still go ahead and if your I-797 is a new one where there is no I-94 at the right hand side bottom, and if it approved with current dates, you can still go for stamping. You have to wait till October only if your I-797 is a new one and has a start date as on October 1 2004.

Question: 14

I have applied for a K1 visa. However, I am scheduled for an interview on March 5th 2004 in Mumbai. I am really tensed cause I really love this American lady and want to marry her cause I cant live without her. We've met once when she was here last year but we never had a formal engagement kind of thing. I am really tensed about the interview cause I am in truest love with this lady and so is she with me.
I just do not know what to expect in the visa interview could you please help me out about the questions to expect?
Also, in the packet 4 they have asked for a copy of her passport. Now, would this include the whole passport or just the page which has text / visa's or even the blank pages ?
Can you also tell me as to how earlier can i take the medical examination cause I'm scheduled for an interview at 8.15 am in the morning.
How can I apply for a temporary EAD for the 3 months that I'm out there so that I could earn for the period that I'm there unmarried but living with her ?
I intend to have a religious marriage ceremony in India a typical Hindu way as soon as we earn enough to afford the same. Is there a way that I could travel back to India with her for the same while I'm serving my 2 years for temporary green card ?
You are my only hope cause it is really difficult to find Indian men like me who have applied for a K1 on the net. Links would help as well. Please make sure you reply me as soon as possible !
Thanking you in anticipation of a quick and a positive reply.

Answer
Good luck with your interview. You should have finished your medicals by now. Show them the photographs and the communications you both had including emails. Also include a letter detailing where you met her and how did you decide to get married. Since there is lot of fraudulent marriages, you have to be very confident and let them know the truth. Again be confident. You body language also matters a lot for the interview. You have to take a copy of the whole passport and it is always better and also proves her visit to India. You could travel freely while on temporary green card. Good luck. For any further questions please call me at 646-284-6679.

Question: 15

My sister's daughter went to USA after she got married , her husband is in H1B VISA (WORKING IN computer company), about 5 years back. She gave birth a child this year. Her husband applied for green card two years back .but not yet they get their green card. Is there any other way to get the green card earlier either applying through you try ?

Answer
Your question is not clear. You have not mentioned where your sister’s daughter is right now and if they had applied for the green card two years back, they should be able to extend their visa now. However I don’t have enough details to give the right advice. Email me at askkavitha@bharatmatrimony.com for further details.

Question: 16

My fiancee' is here in the U.S. with a temporary residency card. He applied for citizenship 3 years ago and was refused because of suspected fraud in how he got here. We want to get married, but his residency is up in December 2005. What will happen? Plus... he owns a business here, he pays taxes, and he provides jobs for American employees. I am hoping that this is a positive. What I really need to know is that will our marriage give him permanent residency? Or will he be deported? HELP!!!!!!!!!

Answer
Your question is not clear. Was he denied the visa at the time of citizenship or when he tried to remove his conditional status? Please email me in detail to askkavitha@bharatmatrimony.com.

Question: 17

I am a widow with two kids age 5 &2. I am trying to get remarried, proposal came from an US citizen, my question is how can my kids join me in the US permanently? What formalities are needed and approximately how long it will take ? Will my kids be able to join me immediately?

Answer
If you are marrying a citizen, he can apply for your children also and your children will also get a permanent residency status with you.

Question: 18

My husband works as a Software Eng. in Trintech Inc in Dublin. He worked for the same company in US for 2 yrs. & then got transferred here. As you know that now-a-days it's very difficult to get a job in US as the preference is given to GC holders or the citizens. Is there any way that we can apply for the US Green Card? If yes, then what is the procedure, how to apply without getting a job in US, how much expenses will it cover and any other legal formalities to be involved? Can you plz. guide all the possible options. Thanks a lot. Manila

Answer
You have to apply for permanent residency either through job or through family. If you don’t have these two, you have to be an investor or a business owner with well-established business somewhere and create job opportunities in US or should have extra ordinary/outstanding skills.

Question: 19

I am talking to a girl nearly a year, we want to get married with each other, I live here in Delhi and she is a born American. She is of 20. We both have consent of our family, can we take help of your site to get married .plz let us know, how can we do all this.

Answer
You can either get engaged and go as a fiancée or get married and enter the US as a spouse. For further details please call me at 646-284-6679 or email me at askkavitha@bharatmatimony.com

Question: 20

I am in the US on H1-B visa and my boy friend is on F1 visa. We would like to get married in the USA. how do we file for the immigration? Do we have to go back to India to get the permission to immigrate?
Would it be easy for him to file the papers for me as his dependent? Or would it be easy if I do it? Please let us know the quickest and the easiest way to stay together in the USA. The necessity of immigration arises as I am in the US temporarily (though my H1 is valid till 2005).

Answer
After you get married, he can change the status to H-4 visa in US. However if you plan to go out of the country, you have to have the visa stamped in the passport for you to enter United States. Please email me at askkavitha@bharatmatrimony.com for further details.

Question: 21

I am engaged to a girl who is in USA, immigrant but not a citizen. She had done her fingerprint and waiting for the immigration to call for interview. My status is almost about to expire. How can I stay here, in USA permanently if my status expired? Is register marriage would help me to keep my status? Please give me reply as soon as possible..

Answer
You did not mention how did she apply the immigrant petition. If it is through employment you can get married ASAP and file for your I-485. At least you have to get married before she gets her permanent residency status for you get adjusted here. Call me at 646-284-6679.