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Immigration Issues/Fiance visa and marriage

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Question
Normally, how long does it take for fiance visa to be granted?
I understand that applicant and the fiance must do court marriage within 90 days of arrival in the US and the fiance (having applied for visa status adjustment) cannot travel to home country for two years after that. Can the two get married in India according to Hindu rites before fiance visa is granted, without registering the marriage in a court in India?
I will greatly appreciate your response. Thanks.

Answer
Hi,

Allow several months for the I-129F petition filed by the U.S. citizen fiance to be approved by the USCIS. Then allow another 2 or 3 months for consular processing in order K1 visa stamp to be issued.

Incidentally, after entering the U.S. and marrying the U.S. citizen fiance, the sponsored spouse can travel based either on issuance of advance parole document or on conditional resident status.

If the ceremony in India is along the lines of an engagement and can in no way be considered a legal marriage, then it is OK to perform, and indeed can help establish that the couple has an intention to be legally married within 90 days of entry to the U.S.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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