Question: 1
I am gay and have a boyfriend who is an illegal immigrant from Mexico. I am curious whether we could get married in a state like Vermont and the immigration would have to recognize it as a legal wedding and at some point grant him resident status or citeznship?

Answer
Gay marriages are not currently recognized for immigration purposes.

Question: 2
My fiancy is us citizen want to apply 4 me in my country by k visa. what is the total duration time

Answer
At present K-1takes 4-6 months approx, K-3 takes 6-8 months approx

Question: 3
My wife was a permanent resident last year (we both live in the states). She sent the I-130 petition for me last year, and I got the notice of receipt back from the INS (formerly) and said it would take about 999 days to process the application. Now, my wife is a citizen. I understand that I can upgrade the petition to a citizen petitioning for a spouse and not a PR. I am now considering the green card process, and here are my questions: 1. Do you recommend an upgrade of the petition, or should I just fill all the green card forms, and attach a new I-130 petition and pay the $130 again ? is it possible to send another petition although one has already been submitted?

Answer
You have to send in your citizenship certificate with a letter specifying that you have become citizen.

Question: 4
wht are the basic documents needed for us -F-1 category of visa 2. Suppose I send the green card forms to the U.S.C.I.S, which must include either a. Notice of approval of the I-130 petition or b. I-130 petition itself (i believe you can send both, green card and I-130 forms, concurrently).

Answer
you have to send the I-130 receipt/approval with other forms.

Question
in case a, I dont have a notice of approval, i just have a receipt, which is based on a PR applying and not a citizen, that says they got my paper work and waiting for process. Given this case, can I send the green card form with the receipt and attach a letter saying that i have sent a notice to upgrade the I-130 petition and assume things will go fine and that is sufficient?

Answer
Yes, this is sufficient. However you have to send in the AOS forms.

Question: 5
hi, I am enagegd to US citizen[born and brought up in US] and i am a doctor. i will be going though K-1 visa, kindly let me know how long it can take by the time i can take up further exams like USMLe.etc. in US.

Answer
In K-1 visa you have to get married within 90 days and then file for your adjustment of status. you can take the exams anytime.

Question: 6

I am 20 finished a 2 yr international diploma in india, now I am trying for a job in US, i will be going on h1b visa, how long this visa will be permitted, what are the possiblities to become a US citizen.

Answer
The H-1b is permitted for a maximum of 6 years with 3-year increments.

Question: 7

Hi Kavitha, I got your reference from Desi Talk newspaper in Jersey City. I recently came to USA and currently staying in Jersey City. I came on L2-Visa. I came as a dependent and my husband is on L1. Can I eligible to work on L2-Visa? Also can I apply for SSN here (for work) It would be highly appreciated if you can answer my questions ? Also please let me know if you need any furthur for clarifying above questions. Waiting for your reply.

Answer
Spouse of L-1 visa is eligible for employment. You have to file for the same. You can file and get he SSN once you get your EAD. For questions on applying for EAD, please call me at 646-284-6679.

Question: 8
I am working with a company A in NY area in US. I got an offer from company B in California and I would need a transfer. I know all the documents you need for H1 transfer and I have all that with me. It would be great if you could answer the following queries and we can start the process asap:
1) When you apply for a transfer of H1 from company A to B with INS, how long does it takes to get the receipt number? As per my knowledge a person can start working with new company after he/she gets the receipt number though actual approval of petition can take its time & come latter.
2) My company B is ready to pay for simple processing of H1 with lawyer fees and not premium processing fee. How much of a difference in approval times does it makes and does it affects in getting the recipt number also??
3) Is there any risk involved that I resign from Company A and do not get approval latter on due to some reason. I would be in a very absurd situaion. Can such a situation arise?
4) During the transfer process, can company apply for cancellation of my h1b and pose problems for me

Answer
1.At present it takes around a week to get the receipt in normal process.
2. For premium you get the receipt the same day the USCIS receives the case. In case of approval, the difference is several months. For premium process the case will be processed within 15 days.
3. Yes, there is a possibility. However you could take some safe steps for that.
4. Yes, that is a possibility too. Again if you come to know of that you can change employer any time even if you do not have an approval.

Question: 9
Hi ms. kavitha,
i applied for my I-485 in jan 17, 2002. until now i didn't receive a reply. i was finger printed and submitted my medical. mine is a job based case. i live in ny and i submitted my case at vermont service center. my case is past the due time of 18 months how much long do i have to wait. thanks bart

Answer
You should be getting it any time. You can also call USCIS and find out the status.

Question: 10
Question: My sister is an Indian citizen & we got a proposal from American citizenship boy.Whether they will have any problems regaarding this??

Answer
No problem, there will be a maximum of 6-8 months wait in case of marriage with us citizen.

Question: 11
I am a indian citizen.My spouse is USA citizen.How long it will take for me to go to USA.What is the procedure for applying.What kind of visa i can apply for?

Answer
Your spouse has to apply for I-130 and K-3 visa. After it gets approved here, you will get a letter from the consulate with the instructions. You could come here and then file for adjustment of status and as a spouse of US citizen you are also eligible for work authorization. For further information please call 646-284-6679.