I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:
1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.
NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.
A legal marriage in India is fully recognized in USA.
I have utilized the services of Attorney Rajiv Khanna many times over the last 10 years and have 100% of the time been satisfied with the prompt, expert, and swift handling of the H1B and Green Card applications. Most recently I took over a very complicated immigration situation when I took over as the Chief Operating Officer for CCOM Medical Group. I was faced with an employee that was out of status and her whole immigration process had been mishandled by numerous attorney’s over several years. Rajiv’s staff quickly put together a plan, researched all the potential obstacles we could potentially run into, and executed parallel applications for an H1B visa and green card. The end result was obtaining an approved H1B visa for my employee and H-4 for her son along with an approved I-140 so that as her priority date comes up later this year she can get her green card. We are all very happy and appreciative of the fine work Rajiv and his staff did for our employee and CCOM Medical Group. In my ten year history in working with Rajiv he has never, ever, let me down and he and his staff are always conscious of ensuring I have the appropriate expected outcome in mind and am fully aware of any downside to a situation before it happens. I like to make informed decisions and Rajiv allows me to do that. Anyone reading my comments is more than welcome to contact me at (918) 683-0753.