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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I Am an Indian origin American Citizen, My daughter College

Customer Question

Hi I Am an Indian origin American Citizen, My daughter College student American citizen want to get married to an Indian Guy, Work in India, Have a Visiting Visa to US. What is the best way to this marriage done legally an he can apply for green card
Sebastian Stephen (###) ###-####
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Is he currently inside of the U.S.? If not, when is he coming to the U.S.?

Customer: replied 10 months ago.
He is in india now, Since he have the visiting visa he can come
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Ok. First let me explain the "correct" way for him to come. There are three ways:

1) The K-1 fiance visa takes 6 to 9 months, but they must have met before at least once during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then she has to marry and then they have to pay $1070 for the I-485 and he will have to wait about 5 to 7 months and gets another interview that she attends with her new spouse so that he can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, they must be married. The I-129F will cost $340 and $350 for the visa processing fee. Then after he enters the U.S., he must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa takes about 1 year or so. They must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 might be a little slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

IF he wants to use the B-2 to enter the U.S., he has to be careful because if they discover his intent is to marry and stay, one of three things could happen:

a) They will allow him to withdraw his request to enter the U.S. and he can go home, no penalty.

b) They will not allow him to withdraw his request to enter the U.S. and will order him excluded. This has a 5 year penalty that he cannot come back unless he gets a very hard to get waiver.

c) They will not allow him to withdraw his request to enter the U.S. and they catch him in a lie and they exclude him with a permanent bar due to fraud and/or misrepresentation and with that charge he cannot come back unless he gets a very hard to get waiver.

They have ways of finding out, like they can go through his phone, iPad, laptop, etc. So he has to be careful.

IF he can make it in using the B-2, then after they marry, she has to file the following forms for him so that he can stay in the U.S.: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of them), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). They will need to file each form with supporting evidence and appropriate filing fees. They can find these forms at www.uscis.gov/forms.

The supporting evidence that they would file would be birth certificates, marriage certificate, divorce certificates if either of them have been married previously, proof of your daughter's U.S. Citizenship, and proof of his legal entry into the U.S., and financial documents of your daughters to prove her income over the last year at least.

In about 3 to 5 months after filing, he should get a work permit and Advance Parole. About 5 to 7 months after filing you should get an interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later he should get a Residency status (green card).

Please let me know if you have any additional questions as I will be happy to respond, but if he risks entry on the B-2 and is successful, those are the cases that I love to handle, I will now send you a low-cost offer so that I can pass on my personal phone number and email. I cannot discuss pricing on an open forum, but if you accept, you will see I have multiple services available to you from document review to full representation and all at very reasonable prices. You won't be disappointed as these are my favorite cases to do and have been doing them for many years. If you decline, no problem, you can ask additional questions without any additional charge. But PLEASE remember to leave a positive rating for me. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Also, a bonus is always appreciated if you feel I earned it. And finally, your question does NOT close just because you leave a positive rating. I can still answer additional questions for you without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Sebastian. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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