Visa for young applicants

[avanie]

I am about to apply for a visitor visa to see my fiancee (who's an american citizen) in NJ. I am 23 years old and have been working for 1 yr.

From the experiences I've been reading it appears, that it would be highly likely that they would reject my application on account of my age and work experience level.

Does the fact that my fiancee is a US citizen and that he will be sponsoring my visit make my case any stronger?

How can I demonstrate intention to return? I have no desire to stay longer than a fortnight. But is my word good enough?

[immihelp]

Actually, if you show that your fiancee is sponsoring you, you will definitely get rejected. That is because you are going to get married with your fiancee soon any way.

It may be better if you go on fiancee visa, get married on paper and then get married by regular methods (religious etc.) whenever you want to.

[avanie]

fiancee visa

We explored the possibility of a fiancee visa...but it requires us to get married within 3 mths apparently. We will only marry in Sept 2007...and that is too far away. Getting married on paper without a formal ceremony following soon after ***'t an options our parents are happy with. If the visa doesn't work out he'll come see me, as he has a 10 yr Indian visa anyway.

I still am not sure I understand why the visa would be likely to be rejected if my fiancee sponsors me as I am going for a very short visit not exceeding 15 days as I do not have more leave. I am an international management trainee with a shipping company, Maersk Sealand and would not be leaving my job as it has great prospects. Does that not demonstrate 'intention to return'?

Would u advise in such a case that I say my mother is a sponsor? She's an independent professional running her own publishing firm in Pune. Would those supportings look better?

[immihelp]

If someone is sponsoring, that person should be from US, not from Pune. She can provide documents that she is going to provide financial support etc, but that is still different from sponsoring.

All you can do is try for visitor visa and see what happens.

[avanie]

A question on Fiancee Visa - Green card

Is it true that if i were to get a Fiancee visa and then be married in an american court within the stipulated 90 days, I must continue staying in the States for 1 more year till I get a Green card?

Can I not return to india and apply for a Green card at a later date? Would returning to India mean that a re-entry to the States at a later date, even though i'm married to an american citizen under american law, be impossible or very difficult?

[fitness99]

Is it true that if i were to get a Fiancee visa and then be married in an american court within the stipulated 90 days, I must continue staying in the States for 1 more year till I get a Green card?

Can I not return to india and apply for a Green card at a later date? Would returning to India mean that a re-entry to the States at a later date, even though i'm married to an american citizen under american law, be impossible or very difficult?

Well...they call it Permanent Residency for a reason You are required to have residency in the U.S to keep your green card. Any visits outside the U.S should be temporary in nature. If you want to temporarily leave after you get married in the U.S, you can obtain advance parole before you leave to travel back to the U.S (provided you filed for adjustment of status to permanent residency). Once you are married to a U.S citizen, your fiance visa is no longer valid, and you should file for residency to maintain legal status.

I guess, I do not understand your question, when you say you want to return to India? There is more information on Immigrant visas (through family immigration) at www.travel.state.gov (U.S. department of state web site)

[avanie]

How does one apply for an advance parole?

Thanks for such a specific response! Very few postings on fiancee visas here. I took a look at the link you suggested, but I think you may be able to help much better

Let me clarify, why I wish to return to India after marriage:
I have a job back in India, something I won't have in the US, given that theyprobably won't consider my qualifications or work-ex here. Although my fiancee can support me, I would prefer if I could have a career. My company allows me to expat by Sept 2006. That takes care of the work visa and it also ensures I have a job for the next 2 years after re-entering the States. I can look for alternative employment basis that work-ex later.

1) My visit will be less than a fortnight, in Sept, subsequent to that I wish to return to India for a year.
2) Can an advance parole last from Oct 2005 - Sept 2006 (about a year)?
3) Is it mandatory I apply for a Green card soon after being married? Even if my fiancee visa expires I have no desire to return to the States for at least another year. Can I not apply for it once I return a year later?

[fitness99]

Thanks for such a specific response! Very few postings on fiancee visas here. I took a look at the link you suggested, but I think you may be able to help much better

Let me clarify, why I wish to return to India after marriage:
I have a job back in India, something I won't have in the US, given that theyprobably won't consider my qualifications or work-ex here. Although my fiancee can support me, I would prefer if I could have a career. My company allows me to expat by Sept 2006. That takes care of the work visa and it also ensures I have a job for the next 2 years after re-entering the States. I can look for alternative employment basis that work-ex later.

1) My visit will be less than a fortnight, in Sept, subsequent to that I wish to return to India for a year.
2) Can an advance parole last from Oct 2005 - Sept 2006 (about a year)?
3) Is it mandatory I apply for a Green card soon after being married? Even if my fiancee visa expires I have no desire to return to the States for at least another year. Can I not apply for it once I return a year later?

My comments:
https://www.immihelp.com/i-485-adjus...ce-parole.html link to advance parole information

1) You may return to India without filing for adjustment of status if you want to...but one of the reason folks come to the US on a K-1 visa is to live in the US while adjusting status in the country after marriage
2) if you want to start living in the U.S, you have to file for permanent residency (otherwise you will not have a legal status in the USA). Advance parole is for temporary visits outside the US while your USPR application (I485) is being processed
3) if you have no desire to return to USA until after a year...I would suggest that your future husband apply for I-130 after marriage (note that there is no wait time for visa availability, as you will qualify under immediate relative category). When you are ready to come to the USA he can file for your green card (and you can probably land in the US as a USPR). I am not sure about your qualification for a H1 or L1 or a visitor visa to the US from India after you are married to a USC (if you say your husband is a US Citizen). This means that you may not be able to simply come to the US using any other visa caterogy other than through your husband (cause you have to disclose all information on the US Visa app.) You can enter US two ways I can think of, after you are married to a USC, i) USPR ii) K-3 (USC spouse visa). K3 visa is eligible for a work permit as well, if you apply for it. Good luck.

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I am not a lawyer