haris07
01-09-2010, 01:40 PM
I am a US citizen, intending to marry a girl in India. It appears that K-1/K-3 is taking 6+ months for approvals (including NVC and consulate processing). It turns out that the girl has been in the US in the past on H-1 for a number of years and is in a position to get an H-1 again through her company in India (no cap/quota issues because her GC is in process and this is an extension).
1. If we get married in India after her H-1 is approved, and she enters the US on that H-1 and we file an AOS soon after, will this be construed as a problem (the H-1 is a dual intent visa...but)? What about port of entry - if she is asked anything? The reason to consider this is that parents are not in great medical condition and may not be able to travel to the US.
2. Is it better to not get married in India, but rather after she enters the US (in the US)? Is there any waiting period i.e. 30/45/60/90 days after she enters the US or is it Ok to get married quickly thereafter? Is there any burden of proof that needs to be gathered to prove that we met here in the US etc.?
Please note that H-1 is a dual intent visa and hence as a general matter, there shouldn't be a big issue, but I would like to hear what folks say. I have spoken to 2 attorneys and they have given me different answers (to Q2 above, I have not asked them about Q1 yet), hence the question in this forum.
Thanks
1. If we get married in India after her H-1 is approved, and she enters the US on that H-1 and we file an AOS soon after, will this be construed as a problem (the H-1 is a dual intent visa...but)? What about port of entry - if she is asked anything? The reason to consider this is that parents are not in great medical condition and may not be able to travel to the US.
2. Is it better to not get married in India, but rather after she enters the US (in the US)? Is there any waiting period i.e. 30/45/60/90 days after she enters the US or is it Ok to get married quickly thereafter? Is there any burden of proof that needs to be gathered to prove that we met here in the US etc.?
Please note that H-1 is a dual intent visa and hence as a general matter, there shouldn't be a big issue, but I would like to hear what folks say. I have spoken to 2 attorneys and they have given me different answers (to Q2 above, I have not asked them about Q1 yet), hence the question in this forum.
Thanks