Q: I am a us citizen and I want to marry a girl in india
Hello, I am a us citizen and I want to marry a girl in india but she is going through a divorce and also have a 4 year old daughter, so I wanted to know how will I be able to get her and her daughter to the states? I know I will have to wait until her divorce is finalized in india but what process I have to go through after her divorce?
A: Upon issuance of the divorce decree and marriage, you can then file the FORM I-130 with USCIS on behalf of your spouse and her daughter. After approval of the relative petitions by USCIS, the cases will be transferred to the National Visa Center (NVC) where you and your spouse will present additional documents. After processing the cases at the NVC an appointment will be scheduled at the U.S. consulate in the home country for the issuance of the immigrant visas.
You can see the process here: https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing
However, it is still adviseable to do a consultation with an immigration attorney to make sure you understand the process and that there are no other issues that you may be unaware of. Best wishes!
A: You can either pursue a pathway through a fiancée visa after the divorce of your girlfriend, or you can pursue a spousal visa pathway after the divorce and re-marriage to you. Both processes are taking about the same time, with the fiancée visa pathway taking slightly less. You should retain counsel here in the United States for representation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.