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Path of Least Resistance for Marrying Fiance from India

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  • 09-16-2011, 08:33 PM
    Dogmatique
    Re: Path of Least Resistance for Marrying Fiance from India
    The B-2 would be the tourist visa.

    Now onto the I-864. Please bear in mind that I'm actually an immigrant myself, before I say this. :)

    Once you're married, you will have to file to adjust your fiance's status to that of permanent resident. Part of the "package", if you will, is a form called I-864 Affidavit Of Support. I'm going to assume you'll be the only sponsor.

    The I-864 is basically a contract between you and the US government. You're promising that your new spouse will not become a "public charge" - in other words, a burden on the tax-payer. This really doesn't matter too much while you're married. But in the case of divorce, things can get tricky very, very quickly.

    You could be responsible for supporting him up to 125% of the Federal Poverty Level (which is generally - give or take - around $1100/month). The obligation ends only when one of these four conditions is met:

    1. He dies.
    2. He naturalizes (becomes a citizen)
    3. He earns 40 social security "quarters" (works for about 10 years)
    4. He leaves the country permanently (abandons his residency).

    You could, if you divorce, feasibly be on the hook to support him permanently.

    This is a VERY serious consideration, and it's one that the vast majority of sponsoring citizens don't really fully comprehend.

    I'm honestly not trying to scare you. But you need to be aware. And in every single case of which I'm aware that has actually gone to court (where the immigrant has sued the sponsor for support), the ruling has been in favor of the immigrant.
  • 09-16-2011, 08:41 PM
    Kristy71
    Re: Path of Least Resistance for Marrying Fiance from India
    Thank you for making me aware of the responsibilities of the I-864. I am not concerned about this. As I said before, he has money (owns land
    and has property in India). I have full faith and trust in him that he would not make me permanently financially responsible for him "if" we were
    ever to divorce.

    What if he quit his job after getting his B2? Would he be covered then? And what about me coming to India to marry him there? Would I be able
    bring him back with me, or would I have to come back alone and file for the spouse visa?

    Thank you so much for all your work in this matter. I can't tell you how much I appreciate your work here.
  • 09-16-2011, 09:20 PM
    Dogmatique
    Re: Path of Least Resistance for Marrying Fiance from India
    Your appreciation is ..appreciated lol. :)

    In the interest of full disclosure - though I perhaps sadly doubt that you want to read this - I do see some warning signs, so I'm going to suggest you read this link anyway. One of the big warning signs of impending immigration fraud is the promise of marriage before the two parties have actually met in person. There are the odd exceptions to this general rule, but they are few and far between.

    So please take a look here

    (Now that we've gotten that out of the way....)


    The B2 visa would allow him to come here and actually marry you and adjust status without him having to return home. That's the correct legal answer.
    But I just can't recommend that course of action. Marriage is not something to rush into, even between two citizens of the same country. It's even less so when there are obvious cultural differences.

    So, take your time. Make sure this is for real. I know, I know - I do know - that you're in love, and you're already betrothed but take your emotions out of it for a second. Then re-read this thread.

    And you might see where I'm coming from.

    I do wish you the best of luck. Just be careful.
  • 09-17-2011, 02:08 AM
    Kristy71
    Re: Path of Least Resistance for Marrying Fiance from India
    I appreciate that you appreciate my appreciation...hehe :) I do thank you for your concern and for the link you sent. I read it and I am going to apply some of the tests they suggest there to gauge his reaction. I WILL be careful :)
  • 09-17-2011, 06:06 AM
    T53147
    Re: Path of Least Resistance for Marrying Fiance from India
    Quote:

    Quoting Kristy71
    View Post
    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.

    Nothing prevents him from giving you the money to go there for a visit and to meet his family. If he has not suggested it himself, I would be very suspicious that he has something to hide. Be very careful as once he is in the US and is naturalized, he can bring his parents and siblings as well.
  • 09-17-2011, 06:47 AM
    Kristy71
    Re: Path of Least Resistance for Marrying Fiance from India
    Quote:

    Quoting T53147
    View Post
    Nothing prevents him from giving you the money to go there for a visit and to meet his family. If he has not suggested it himself, I would be very suspicious that he has something to hide. Be very careful as once he is in the US and is naturalized, he can bring his parents and siblings as well.

    I will be meeting his family because we will also be marrying according to his customs and culture in India with his family and friends present. I am aware that he would be able to bring his family over here once he is naturalized. Thank you for your concern and warnings :)
  • 09-17-2011, 08:38 AM
    LawResearcherMissy
    Re: Path of Least Resistance for Marrying Fiance from India
    Quote:

    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
    Mmm-hmmm.

    You've been given excellent advice by Doggie, and I hope you pay careful attention to it.

    Now let me tell you a little about what you're in for after the wedding and before the conditional residency is removed.

    Two of my dear friends met on the internet. She lived in the US, he in the UK. For the first year, it was strictly online, they were broke and travel wasn't happening. For seven years after that, however, they traveled back and forth to see each other and FINALLY got hitched in the US four years ago. Two years ago, they applied to have conditional residency removed, and that's when the fun started.

    You will be GRILLED. They were asked for wedding photos, the marriage certificate, travel receipts, affidavits from friends and family describing their relationship. Now, by this time they had been a couple for TEN YEARS. But they met on the internet, and that raises eyebrows still, and our whole circle of friends had to write long, detailed letters telling stories about the two of them together. Fortunately for them, much of their courtship was played out publicly, and they were able to point to posts discussing visits (and our good-natured teasing).

    Seven months is a very short courtship, particularly when you've never met in person. This will raise red flags with immigration authorities, and you'll need to be prepared for the grilling about your relationship.
  • 09-19-2011, 08:02 AM
    Kristy71
    Re: Path of Least Resistance for Marrying Fiance from India
    Quote:

    Quoting LawResearcherMissy
    View Post
    Mmm-hmmm.

    You've been given excellent advice by Doggie, and I hope you pay careful attention to it.

    Now let me tell you a little about what you're in for after the wedding and before the conditional residency is removed.

    Two of my dear friends met on the internet. She lived in the US, he in the UK. For the first year, it was strictly online, they were broke and travel wasn't happening. For seven years after that, however, they traveled back and forth to see each other and FINALLY got hitched in the US four years ago. Two years ago, they applied to have conditional residency removed, and that's when the fun started.

    You will be GRILLED. They were asked for wedding photos, the marriage certificate, travel receipts, affidavits from friends and family describing their relationship. Now, by this time they had been a couple for TEN YEARS. But they met on the internet, and that raises eyebrows still, and our whole circle of friends had to write long, detailed letters telling stories about the two of them together. Fortunately for them, much of their courtship was played out publicly, and they were able to point to posts discussing visits (and our good-natured teasing).

    Seven months is a very short courtship, particularly when you've never met in person. This will raise red flags with immigration authorities, and you'll need to be prepared for the grilling about your relationship.


    Yes, I appreciate the excellent help Dogmatique has given me here and I will take all of that advice into consideration.

    I am aware that my fiance and I will be grilled about our relationship and I am prepared for that. I know this is going to be a tough road for
    us both, but I also know it will all be worth it. I do believe my fiance loves me genuinely and is not just after a green card because he keeps telling me that I am what he wants and that he loves ME and does not care what country we live in. He has told me that, if for some reason, he is not able to be in this country that I will come to his and we will be married and together there. We both would prefer to be here in the US because the standard of living is much better, but us living in America and getting a green card for him is not the priority; our relationship and love for each other is.

    What I am about to say now is for the benefit of those who may be reading this post out of curiosity or for their own knowledge: I can
    imagine some (as they read this post) saying to themselves, "Yeah, right, he's just putting on a really good act in all that he is saying in
    order to work her for a green card and when it comes down to it, and he's (hypothetically) not able to come to the US or get a green card
    for whatever reason, he won't have her come to India and marry her; he'll drop her like a hot potato!" Or even that once we are married, and he has obtained his green card after all the hard work he has put in to get it, he'll leave at that time. I admit, that in the back of my own
    mind, I have thought this. I think this idea and possibility of being used for a green card may be a fear looming in the back of most people's
    minds when they're going through this kind of situation; ESPECIALLY in my case since we have not yet met in person and our relationship has been strictly online up to this point.

    Maybe I AM being naive, maybe he IS trying to dupe me; I don't know for CERTAIN; but I don't believe he is trying to deceive me and I do
    believe he really loves me. Love is a risk, no matter how it's packaged. I'm taking a risk and I believe it's going to work out. If it doesn't, then I will have learned from this experience. Maybe I'll come back and let you all know how this worked out in the end ("in the end" meaning- if
    he drops me like a hot potato if he doesn't get to come to the US, or obtains his green card and leaves me).

    To anyone and everyone in my situation, I wish you the best :)
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