Hoping to talk to ExPats who married Indians...

India4Me · Mar 2nd, 2009, 05:03

I am not sure this is the right place to post this, so if not please move it to the proper spot. I am US Citizen engaged to an Indian national. We have been talking to each other for the past 7 months and are now engaged. I even visited there and stayed for 1 month over the holidays. We are now not sure how to proceed...

We are not yet married, engaged...and want to marry, but not sure what is the best option. He is thinking of finishing his college in US and we thought of applying for a student visa, then he comes and goes to school for 4 to 6 months before we marry, he would continue his studies even after we marry. So the student visa would not be for the sole purpose of coming here to marry.

We also thought of the fiance visa, but were not sure how that would work since we met online (will that matter??) and also I am older then him (will that matter??) We have tons of evidence proving our relationship is real...as we live on the phone and chat. We have photos of us together when I visited india, as well as photos of me with his family and him.

BUT I have been reading several forums, where people still get denied the visa, and once you're denied they say it becomes much more difficult to get approved...sigghhhh.....

So, we are trying to decide which is the best option for us to take considering all of them, and still being legal and staying on the right side of the law.

Would love to hear from someone that has been in this situation or knows about the process. Thanks in advance!

pontesnm · Mar 2nd, 2009, 05:47

I am very familiar with US student visas. Here are some problems
The US wants to ensure that students who come to the US will go back to India (that the student does not intend to become an immigrant at the time of visa application). If immigration officer who interviews your fiance has any hunch that he has a relationship with anyone in the US, then his chances of getting a student visa or a tourist visa are exactly zero. To get a student visa he will need to provide evidence that his family has the money in cash or liquid securities to finance his education in the US. The US Univ will send him with a form with the exact amount of the minimum annual expenditure for tuition and living expenses.

pontesnm · Mar 2nd, 2009, 05:52

Wish you all the best in your relationship. I was an Indian student in the US and met my wife (US citizen) at the University of Florida.

India4Me · Mar 2nd, 2009, 11:18

Can I ask you, how long you dated before you married? Or how long you were here on your student visa before you married?

Also, did you have any problems changing your status after you married?

Do you think we would have better luck using the fiance visa? I am so lost about all this immigration stuff, and I called all over to find out I will have to drive 4 hours to the closest immigration attorney

But that may be my only option...we shall see. Any info you can share or pass along would be greatly appreciated.

Thanks so much for your quick reply!

pontesnm · Mar 2nd, 2009, 22:44

We had no problems whatsoever but we were grad students who met at a social dance class and were members of a social dance club on campus. Also we petitoned in 1992 and waiting times have drastically lengthened since then

I have two siblings (US citizens) who married aliens (non US residents

) and they were both married before they petitioned for change of status for their spouse. The fiance visa requires that you get married within 90 days and it requires twice the processing and twice the expense (first you have petition for fiance visa and then petition for change of status to permanent resident after marriage).

I know many who petitioned after marriage for permanent resident for their spouse but none who petitioned for fiance.

India4Me · Mar 3rd, 2009, 04:35

Okay, thanks for the info. We were thinking the student visa then after some time 4 to 6 months, we can marry and adjust his status. As the fiance visa is very 'iffy' at best, and we dont want to take such a risk.

How long were you in USA before you married?

edwardseco · Mar 3rd, 2009, 07:13

A few months might be insufficient for your fiance visa purposes. The student visa does seem to be the best option. However, that assumes the funds necessary in India. My neice celebrates the day each year that she got her student visa. As mentioned above factor in very long delays with the INS assuming everything goes well..

RWeHavingFunYet · Mar 3rd, 2009, 08:03

For Fiance Visa (K1 Visa): Doesn't really matter how you guys met; doesn't really matter that you're older than him; but, the important thing is that you both should've met in person, in the past two years, which you already did. It is good that you both got engaged. You need to attach all those pictures of engagement for proof, with the fiance K1 visa application.

The K1 fiance visa generally has a shorter waiting period compared to marriage-based immigration visa petitions. The advantages of K1 visa are, you can apply for a work permit for him and engage him in employment, and you take a vacation.

On K1 visa once he comes here, you've 90 days to check him out and see that he washes the dishes, takes the dog out for a walk, vacuums the place, puts the trash out etc. You have a choice to kick him out, too.

K1 Fiance Visa info.

Print the K1 visa forms to see if you qualify to apply for him.
US Citizenship and Immigration Services.

K1 Visa Forums.

India4Me · Mar 3rd, 2009, 09:26

I guess our main concern is him getting denied for the K-1 visa, is that common? And do you know if there are any reasons other then not enough proof of relationship? (As we have tons of that, so if that is our only obstacle...we are ready to go for it)

And we have read so much info (on the net of course) about how hard it is to get ANY type of visa once you have been denied...

Thanks for everyone's input! Any more advice/tips will be greatly appreciated!

AGU · Mar 3rd, 2009, 10:46

Typically K-1 is not denied just delayed until USCIS convinced that the application is legitimate. K-1 takes 4 months or more to get approved. Slowest steps are medical/vaccination and background check.

A person on K-1 visa is not authorized to work in US. You will need to get married with in 90 days. Once married, you can file for Adjustment of Status (AOS) and Employment Authorization (EAD) which can take extra 12 - 18 months.

You may want to check out VisaJourney website. It has lot of information, do's and don'ts, experiences of others, and timelines for K-1 visa and AOS.

Quote:

Originally Posted by India4Me

I guess our main concern is him getting denied for the K-1 visa, is that common? And do you know if there are any reasons other then not enough proof of relationship? (As we have tons of that, so if that is our only obstacle...we are ready to go for it)

And we have read so much info (on the net of course) about how hard it is to get ANY type of visa once you have been denied...

Thanks for everyone's input! Any more advice/tips will be greatly appreciated!

RWeHavingFunYet · Mar 3rd, 2009, 10:49

.
.
.
I guess our main concern is him getting denied for the K-1 visa, is that common? Not really. Unless you spook him off. You furnish all your past, honestly, when you petition to the Immigration in USA. Your past will be revealed to the prospective fellow, by US Immigration, in detail in India: all your divorces, kids, anything you're hiding from him etc.
.
.
not enough proof of relationship? Not really required. You both have met and are engaged now and you've pictures to prove.

WhiteDosa · Mar 5th, 2009, 03:55

Hiding kids from the guy? If that were the case, I would guess there were bigger problems than immigration! Oh and they won't really tell ALL your secrets

I don't have much to add, since I don't know which visa is more likely to be denied, and that is really the question. I would think if he/you meets the qualifications they may be equal, but I'm not sure.

Good luck!

India4Me · Mar 5th, 2009, 03:58

Oh my! Well, for the record...I have not hidden anything

My life is not all that exciting that I have anything to hide

Thanks for all the responses! They have been great

namaste_cat · Mar 5th, 2009, 12:51

India4Me my situation is diff b/c I came to the US on a student visa, planned to go back to India, and then met my hubby who has 0 interest in living in India. So here I am:>

I went the conditional green card followed by green card and now citizenship route

I have no experience w/ the fiance visa so can't help there but 2 general things I've learned - 1) whatever you do, if you have an application open, do not even think about moving to another state (INS earlier, and now CIS has lost my applications

and 2) the officers were pretty reasonable folks and knew right away our marriage was legit, so we weren't given any hassle at all. I hope your experience is the same, in terms of 2) not 1)

BTW, and this is nothing to do w/ visa logistics but just speaking as someone who moved to the U.S. w/ an Indian boyfriend, I would suggest waiting to marry till after he has lived here for a while. People change..not always for the better, if ya know what I mean. My b.f. changed quite a bit after he moved here, and dumped me unceremoniously w/in a short time.

All worked out for the best as it was good riddance to bad rubbish and hello wonderful American man, so no complaints there. Just saying that it takes some adjusting and you just never know how a person's going to be like once they move here and are in a diff surrounding.

So if I were you, I'd have him come here on a student visa, and wait on marrying. Hopefully all will be just fine, and you will know you have made the right choice, marry, live happily every after etc.
Sorry if I'm out of line. Shutting up now, apologies if I offended you or anyone else w/ this

RWeHavingFunYet · Mar 5th, 2009, 21:02

Quote:

Originally Posted by namaste_cat

India4Me Just saying that it takes some adjusting and you just never know how a person's going to be like once they move here and are in a diff surrounding.

So if I were you, I'd have him come here on a student visa, and wait on marrying. Hopefully all will be just fine, and you will know you have made the right choice, marry, live happily every after etc.

I also second namaste_cat's suggestion, strongly. Let him come on a student visa, and you take your time and get married. If the student visa is rejected, you could later try for a fiance visa.

Mar 2nd, 2009, 05:03	#1
India4Me Member Join Date: Nov 2008 Location: Bangalore, India (at the moment) :) Posts: 67	Hoping to talk to ExPats who married Indians... I am not sure this is the right place to post this, so if not please move it to the proper spot. I am US Citizen engaged to an Indian national. We have been talking to each other for the past 7 months and are now engaged. I even visited there and stayed for 1 month over the holidays. We are now not sure how to proceed... We are not yet married, engaged...and want to marry, but not sure what is the best option. He is thinking of finishing his college in US and we thought of applying for a student visa, then he comes and goes to school for 4 to 6 months before we marry, he would continue his studies even after we marry. So the student visa would not be for the sole purpose of coming here to marry. We also thought of the fiance visa, but were not sure how that would work since we met online (will that matter??) and also I am older then him (will that matter??) We have tons of evidence proving our relationship is real...as we live on the phone and chat. We have photos of us together when I visited india, as well as photos of me with his family and him. BUT I have been reading several forums, where people still get denied the visa, and once you're denied they say it becomes much more difficult to get approved...sigghhhh..... So, we are trying to decide which is the best option for us to take considering all of them, and still being legal and staying on the right side of the law. Would love to hear from someone that has been in this situation or knows about the process. Thanks in advance!

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Mar 2nd, 2009, 05:47	#2
pontesnm Senior Member Join Date: Jan 2007 Location: Bardez/Mumbai/New Jersey (USA) Posts: 418	I am very familiar with US student visas. Here are some problems The US wants to ensure that students who come to the US will go back to India (that the student does not intend to become an immigrant at the time of visa application). If immigration officer who interviews your fiance has any hunch that he has a relationship with anyone in the US, then his chances of getting a student visa or a tourist visa are exactly zero. To get a student visa he will need to provide evidence that his family has the money in cash or liquid securities to finance his education in the US. The US Univ will send him with a form with the exact amount of the minimum annual expenditure for tuition and living expenses.

Mar 2nd, 2009, 05:52	#3
pontesnm Senior Member Join Date: Jan 2007 Location: Bardez/Mumbai/New Jersey (USA) Posts: 418	Wish you all the best in your relationship. I was an Indian student in the US and met my wife (US citizen) at the University of Florida.

Mar 2nd, 2009, 11:18	#4
India4Me Member Join Date: Nov 2008 Location: Bangalore, India (at the moment) :) Posts: 67	Can I ask you, how long you dated before you married? Or how long you were here on your student visa before you married? Also, did you have any problems changing your status after you married? Do you think we would have better luck using the fiance visa? I am so lost about all this immigration stuff, and I called all over to find out I will have to drive 4 hours to the closest immigration attorney But that may be my only option...we shall see. Any info you can share or pass along would be greatly appreciated. Thanks so much for your quick reply!

Mar 2nd, 2009, 22:44	#5
pontesnm Senior Member Join Date: Jan 2007 Location: Bardez/Mumbai/New Jersey (USA) Posts: 418	We had no problems whatsoever but we were grad students who met at a social dance class and were members of a social dance club on campus. Also we petitoned in 1992 and waiting times have drastically lengthened since then I have two siblings (US citizens) who married aliens (non US residents ) and they were both married before they petitioned for change of status for their spouse. The fiance visa requires that you get married within 90 days and it requires twice the processing and twice the expense (first you have petition for fiance visa and then petition for change of status to permanent resident after marriage). I know many who petitioned after marriage for permanent resident for their spouse but none who petitioned for fiance.

Mar 3rd, 2009, 04:35	#6
India4Me Member Join Date: Nov 2008 Location: Bangalore, India (at the moment) :) Posts: 67	Okay, thanks for the info. We were thinking the student visa then after some time 4 to 6 months, we can marry and adjust his status. As the fiance visa is very 'iffy' at best, and we dont want to take such a risk. How long were you in USA before you married?

Mar 3rd, 2009, 07:13	#7
edwardseco Maha Guru Member Join Date: Sep 2001 Location: Land that shakes and bakes. Posts: 5,841	A few months might be insufficient for your fiance visa purposes. The student visa does seem to be the best option. However, that assumes the funds necessary in India. My neice celebrates the day each year that she got her student visa. As mentioned above factor in very long delays with the INS assuming everything goes well..

Mar 3rd, 2009, 08:03	#8
RWeHavingFunYet .. . . . N . o . r . i . k . o . . . .. Join Date: Sep 2008 Location: 17°25'N, 78°31'E Posts: 233	For Fiance Visa (K1 Visa): Doesn't really matter how you guys met; doesn't really matter that you're older than him; but, the important thing is that you both should've met in person, in the past two years, which you already did. It is good that you both got engaged. You need to attach all those pictures of engagement for proof, with the fiance K1 visa application. The K1 fiance visa generally has a shorter waiting period compared to marriage-based immigration visa petitions. The advantages of K1 visa are, you can apply for a work permit for him and engage him in employment, and you take a vacation. On K1 visa once he comes here, you've 90 days to check him out and see that he washes the dishes, takes the dog out for a walk, vacuums the place, puts the trash out etc. You have a choice to kick him out, too. K1 Fiance Visa info. Print the K1 visa forms to see if you qualify to apply for him. US Citizenship and Immigration Services. K1 Visa Forums.

Mar 3rd, 2009, 09:26	#9
India4Me Member Join Date: Nov 2008 Location: Bangalore, India (at the moment) :) Posts: 67	I guess our main concern is him getting denied for the K-1 visa, is that common? And do you know if there are any reasons other then not enough proof of relationship? (As we have tons of that, so if that is our only obstacle...we are ready to go for it) And we have read so much info (on the net of course) about how hard it is to get ANY type of visa once you have been denied... Thanks for everyone's input! Any more advice/tips will be greatly appreciated!

Mar 3rd, 2009, 10:49	#11
RWeHavingFunYet .. . . . N . o . r . i . k . o . . . .. Join Date: Sep 2008 Location: 17°25'N, 78°31'E Posts: 233	. . . I guess our main concern is him getting denied for the K-1 visa, is that common? Not really. Unless you spook him off. You furnish all your past, honestly, when you petition to the Immigration in USA. Your past will be revealed to the prospective fellow, by US Immigration, in detail in India: all your divorces, kids, anything you're hiding from him etc. . . not enough proof of relationship? Not really required. You both have met and are engaged now and you've pictures to prove.

Mar 5th, 2009, 03:55	#12
WhiteDosa Member Join Date: Feb 2009 Location: the bright side Posts: 18	Hiding kids from the guy? If that were the case, I would guess there were bigger problems than immigration! Oh and they won't really tell ALL your secrets I don't have much to add, since I don't know which visa is more likely to be denied, and that is really the question. I would think if he/you meets the qualifications they may be equal, but I'm not sure. Good luck!

Mar 5th, 2009, 03:58	#13
India4Me Member Join Date: Nov 2008 Location: Bangalore, India (at the moment) :) Posts: 67	Oh my! Well, for the record...I have not hidden anything My life is not all that exciting that I have anything to hide Thanks for all the responses! They have been great

Mar 5th, 2009, 12:51	#14
namaste_cat Kashmiri-Punjabi Sherni Join Date: Feb 2009 Location: Amreeka Posts: 941	India4Me my situation is diff b/c I came to the US on a student visa, planned to go back to India, and then met my hubby who has 0 interest in living in India. So here I am:> I went the conditional green card followed by green card and now citizenship route I have no experience w/ the fiance visa so can't help there but 2 general things I've learned - 1) whatever you do, if you have an application open, do not even think about moving to another state (INS earlier, and now CIS has lost my applications and 2) the officers were pretty reasonable folks and knew right away our marriage was legit, so we weren't given any hassle at all. I hope your experience is the same, in terms of 2) not 1) BTW, and this is nothing to do w/ visa logistics but just speaking as someone who moved to the U.S. w/ an Indian boyfriend, I would suggest waiting to marry till after he has lived here for a while. People change..not always for the better, if ya know what I mean. My b.f. changed quite a bit after he moved here, and dumped me unceremoniously w/in a short time. All worked out for the best as it was good riddance to bad rubbish and hello wonderful American man, so no complaints there. Just saying that it takes some adjusting and you just never know how a person's going to be like once they move here and are in a diff surrounding. So if I were you, I'd have him come here on a student visa, and wait on marrying. Hopefully all will be just fine, and you will know you have made the right choice, marry, live happily every after etc. Sorry if I'm out of line. Shutting up now, apologies if I offended you or anyone else w/ this