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Path of Least Resistance for Marrying Fiance from India

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  • 09-16-2011, 07:11 PM
    Kristy71
    Path of Least Resistance for Marrying Fiance from India
    I am a US citizen by birth. I am engaged to an Indian. We have been in a relationship strictly online for the past 7 months and have not yet met in person due to me not yet being able to afford to go to India and he has not been able to get the time off from work to come here.

    What would be the best, and most expedient, course of action for us to take to marry and bring him to the US?

    Thank you for your help.
  • 09-16-2011, 07:15 PM
    Dogmatique
    Re: Path of Least Resistance for Marrying Fiance from India
    First you really need to meet in person.

    What kind of company does he work for that won't - in India (yes, I'm somewhat familiar) - won't give him vacation time so he can at least come here to visit you?
  • 09-16-2011, 07:30 PM
    cbg
    Re: Path of Least Resistance for Marrying Fiance from India
    Given that it is a requirement that you have met in person before he can apply for a K-1 Visa, I'd say the best and most expedient course of action would be to find a way to meet.
  • 09-16-2011, 07:46 PM
    Kristy71
    Re: Path of Least Resistance for Marrying Fiance from India
    Quote:

    Quoting Dogmatique
    View Post
    First you really need to meet in person.

    What kind of company does he work for that won't - in India (yes, I'm somewhat familiar) - won't give him vacation time so he can at least come here to visit you?

    He is a manager for the life insurance division of ING and is extremely busy. However, he is currently applying for a tourist visa and aggressively seeking to get
    the time off to come visit me here asap. I am aware that we could not proceed with a K-1 unless we have met in person, that is why I mentioned it in my original post. So, when he gets his tourist visa and comes to see me, would he then have to go back to his country while I apply for a K-1 here at my end?

    I really appreciate you taking the time to answer my questions

    Thank you for your reply. We are currently working on that situation.
  • 09-16-2011, 08:01 PM
    Dogmatique
    Re: Path of Least Resistance for Marrying Fiance from India
    Yes, that's what he'd need to do (return to India) while you apply for the K-1.

    I will be honest - one meeting alone is generally not going to satisfy the requirements of the K-1 visa unless there are extremely extenuating circumstances.

    As a practical matter, you should also make sure you understand completely the ramifications of signing the I-864 (once you're married) Affidavit Of Support.
  • 09-16-2011, 08:06 PM
    Kristy71
    Re: Path of Least Resistance for Marrying Fiance from India
    Quote:

    Quoting Dogmatique
    View Post
    Yes, that's what he'd need to do (return to India) while you apply for the K-1.

    I will be honest - one meeting alone is generally not going to satisfy the requirements of the K-1 visa unless there are extremely extenuating circumstances.

    As a practical matter, you should also make sure you understand completely the ramifications of signing the I-864 (once you're married) Affidavit Of Support.

    Thank you for that reply. He is applying for a 6 month visa and plans to be with me for that length of time, if possible. Would that be sufficient in satisfying the requirements for the K-1? What if I went back to India with him when his visa expired and married him there? Would I then be able to bring him back to the US with me, or would I still have to come back alone and file for the K-1? I really appreciate you taking the time to answer my questions.
  • 09-16-2011, 08:10 PM
    Dogmatique
    Re: Path of Least Resistance for Marrying Fiance from India
    Please tell me which visa he's applying for.

    His employer won't let him take a vacation but would be willing to let him go for 6 months?

    I suppose I'm a bit confused, there.
  • 09-16-2011, 08:14 PM
    Kristy71
    Re: Path of Least Resistance for Marrying Fiance from India
    Yes, this situation is complicated and keeps changing because we really want to meet asap. He is applying for a 6 month tourist visa currently so that he can come and meet me. He is considering quitting his job so he could stay with me for that length of time; he has money to be able to
    do so and this would not be a problem for him.
  • 09-16-2011, 08:19 PM
    Dogmatique
    Re: Path of Least Resistance for Marrying Fiance from India
    If he quits his job, he likely won't be approved for a B2 visa. He will need to show ties to his home country - including employment - as a general rule.

    May I ask again, are you familiar with the I-864?
  • 09-16-2011, 08:24 PM
    Kristy71
    Re: Path of Least Resistance for Marrying Fiance from India
    Clarifying what you have said so far: If we go the route of him coming here to meet me, he would need to go back to his country so that I can
    file for a K-1 to being him in legally. If he quits his job to stay here for 6 months, this would hurt his chances of getting a B-2. What is a B2?

    No, I am not familiar with the I-864. I continue to thank you for your patience and answering my questions.
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