Humble, TX asked in Immigration Law for Texas

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?

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3 Lawyer Answers

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.

A: 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.

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