Indian Citizen marrying to US Citizen

[Bhupesh Mehta]

Dear Friends

My daughter she is Indian citizen and holding B1/B2 for 10 years and traveled few times to US as my elder daughter is residing at US. Now recently we have received a marriage proposal from one of the marriage portal and after two months of communication, she traveled once to see him in person and now it seems we are ok to go ahead for the marriage. 

We live in UAE. She is also in UAE and working.

What is the Best option to file an application for my daughter (The Groom who is US Citizen will file) so her processing is legal and what is the approximate time frame to process the visa. and during this processing can continue to travel to US or not? 

Expecting some experienced reply as on internet many conflicting views are found.

Thanks in advance

[Provence]

Once married and registered, the USC begins the process by filing an i130 petition. Upon i130 approval, the petition is forwarded to the National Visa Center, and eventually an interview at a US embassy overseas. The entire process from filing to interview averages 12-14 months. 

Visits on a B2 are allowed; however with a USC spouse, there's a higher risk of denied entry. Preferable for the USC spouse to visit during the process. 

[pontevecchio]

Maybe have a look at

https://my.uscis.gov/exploremyoptions/petition_for_spouse

A very straightforward application, obviously after Marriage and if all documents are appropriate the process should take 6-9 months or less.

As regards travel, it is generally possible to use the existing tourist visa for travel . In answer to any direct question, she needs absolute truth without volunteering any extra info as regards the POE Officer if she visits after the I-130 filing. Any visit until the time of filing the I-130 is absolutely fine.

It is also an option to let a law firm like the firm of Murthy do the heavy lifting so that conflicting internet views are out of the picture.

[Bhupesh Mehta]

Thanks for the reply. 

It is till a time as marriage is yet to be held. I was thinking can we have court marriage at India first so I130 can be filed and then once we get the Immigration visa, we get formal marriage so they can go together back to US.  After the court marriage she wont go and will not stay together as per indian culture.

 

 

[pontevecchio]

In view of the strange ways of the current administration, have a lawyer look at the whole scenario to avoid any delays or any issues. Best of luck and good wishes to the two of them.