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  #1 (permalink)  
Old 11-20-2008, 06:55 AM
Member
Priority Date
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May-06
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EB2
I140 Mailed Date
:
07/16/2006
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India
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I485 Mailed Date
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default H4 with court marriage, before traditional marriage

Folks,
I am in my 485 stage, I just applied for 485 (alone) in Sept 2008 (My PD is May06 EB2-India). I am now getting married in February with a plan to return to US by end of Feb 2009.

My fiancee is Indian citizen. I have my H1B renewal up (first extension after 3 years on H1).

My lawyer (Fragomen) was recommending that I

1) Go for my visa renewal together with my wife's H4 stamping
2) I get a court marriage done and take the certificate for her H4 stamping BEFORE we get married in the traditional way in February. She said some invitation cards and other things to prove would be sufficient .. and that photos might not really be necessary.
3) She said in case things get rejected, we will have another attempt at H4 AFTER the marriage in the month of February.

What has been the experience of folks this way? Is it a risk? Is it worth trying? Or should I just wait for the traditional marriage to be over and then approach the consulate with proper photos and such?

I think her recommendation was that doing so with court marriage won't hurt and in case PD moves in the following months before Feb, I can add on my wife to my application given that we would be legally wed as well. My FP is anyway not done, so there's little risk of me getting approved before I am able to add on my wife to my AOS application though.

Any advise/pointers would be great!

Thanks much!
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  #2 (permalink)  
Old 11-20-2008, 10:01 AM
sc3 sc3 is offline
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Default

Quote:
Originally Posted by shishya View Post
Folks,
I am in my 485 stage, I just applied for 485 (alone) in Sept 2008 (My PD is May06 EB2-India). I am now getting married in February with a plan to return to US by end of Feb 2009.

My fiancee is Indian citizen. I have my H1B renewal up (first extension after 3 years on H1).

My lawyer (Fragomen) was recommending that I

1) Go for my visa renewal together with my wife's H4 stamping
2) I get a court marriage done and take the certificate for her H4 stamping BEFORE we get married in the traditional way in February. She said some invitation cards and other things to prove would be sufficient .. and that photos might not really be necessary.
3) She said in case things get rejected, we will have another attempt at H4 AFTER the marriage in the month of February.

What has been the experience of folks this way? Is it a risk? Is it worth trying? Or should I just wait for the traditional marriage to be over and then approach the consulate with proper photos and such?

I think her recommendation was that doing so with court marriage won't hurt and in case PD moves in the following months before Feb, I can add on my wife to my application given that we would be legally wed as well. My FP is anyway not done, so there's little risk of me getting approved before I am able to add on my wife to my AOS application though.

Any advise/pointers would be great!

Thanks much!
Woah.. lawyers suggesting such ruse???

The intent of the photos is to show genuine marriage. Most IOs at least want to glance through the albums (I have been asked the photos, and everyone I know has been asked for it). When are you going to India? If those dates are close to your wedding dates, then why bother with all these? You get appointment easily these days. And I highly doubt you will be approved by March.

Note that court wedding is should be acceptable as it is legally binding in India. Going with fake invitation cards etc, is probably going to do you more harm than good.
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  #3 (permalink)  
Old 11-20-2008, 10:42 AM
Senior Member
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:
May-04
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India
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I485 Mailed Date
:
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Posts: 422
gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute
Default

Quote:
Originally Posted by shishya View Post
Folks,
I am in my 485 stage, I just applied for 485 (alone) in Sept 2008 (My PD is May06 EB2-India). I am now getting married in February with a plan to return to US by end of Feb 2009.

My fiancee is Indian citizen. I have my H1B renewal up (first extension after 3 years on H1).

My lawyer (Fragomen) was recommending that I

1) Go for my visa renewal together with my wife's H4 stamping
2) I get a court marriage done and take the certificate for her H4 stamping BEFORE we get married in the traditional way in February. She said some invitation cards and other things to prove would be sufficient .. and that photos might not really be necessary.
3) She said in case things get rejected, we will have another attempt at H4 AFTER the marriage in the month of February.

What has been the experience of folks this way? Is it a risk? Is it worth trying? Or should I just wait for the traditional marriage to be over and then approach the consulate with proper photos and such?

I think her recommendation was that doing so with court marriage won't hurt and in case PD moves in the following months before Feb, I can add on my wife to my application given that we would be legally wed as well. My FP is anyway not done, so there's little risk of me getting approved before I am able to add on my wife to my AOS application though.

Any advise/pointers would be great!

Thanks much!
While getting married in a Court in India, you can exchange garlands in front of the megistrate and take pictures while it is done. (Of course, with court marriage, officialy, you have to get the notice published on their boards for 1 month )period and if there are no objections, you have to sign in front of megistrate with two witnesses for both (Groom and Bridegroom). I had 3 friends who got married in a court, we had arranged for garland exchange with a priest present (Hindu marriage), (had to go little out of the way ...you know what i mean....) to accomodate priest and picture taking. Took pictures with megistrate and also mumbai's court building pictures with both in the pictures (background was with megistrate, outside court building, with witnesses, exchanging garlands etc...) . One of my friend, used the certificate and pictures taken that day to get H4 stamped for her wife. No problems.
Good luck.
GCCovet
__________________
PD:5/04 EB3-I. I-140 AP 5/2006. I-485 ND 7/07.
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  #4 (permalink)  
Old 11-20-2008, 11:45 AM
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Talking Exactly what I did last year.

Quote:
Originally Posted by shishya View Post
Folks,
I am in my 485 stage, I just applied for 485 (alone) in Sept 2008 (My PD is May06 EB2-India). I am now getting married in February with a plan to return to US by end of Feb 2009.

My fiancee is Indian citizen. I have my H1B renewal up (first extension after 3 years on H1).

My lawyer (Fragomen) was recommending that I

1) Go for my visa renewal together with my wife's H4 stamping
2) I get a court marriage done and take the certificate for her H4 stamping BEFORE we get married in the traditional way in February. She said some invitation cards and other things to prove would be sufficient .. and that photos might not really be necessary.
3) She said in case things get rejected, we will have another attempt at H4 AFTER the marriage in the month of February.

What has been the experience of folks this way? Is it a risk? Is it worth trying? Or should I just wait for the traditional marriage to be over and then approach the consulate with proper photos and such?

I think her recommendation was that doing so with court marriage won't hurt and in case PD moves in the following months before Feb, I can add on my wife to my application given that we would be legally wed as well. My FP is anyway not done, so there's little risk of me getting approved before I am able to add on my wife to my AOS application though.

Any advise/pointers would be great!

Thanks much!


No Issues at all. When you go to embassy/consulate take you wedding certificate with you and say that you had a court marriage on xxxx and you guys a planning a traditional wedding on xxx day. Have a picture taken at the court marriage and take it with you along with your traditional wedding invite.

No need for any lies - be truthful and it will be smooth sailing. My wife went alone and she said thay we had the court wedding early to start the visa work so we could travel back to usa together as this was her first time out of the country.

You should take proof of financial support ( bank statement and copies of last 4 paychecks)and a letter of continued employment which I assume you will for H1 renewal anyways.

No more questions were asked and visa was granted.


Congratulations and have fun in India. BTW you are aware of the one month notice this for court wedding right?
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  #5 (permalink)  
Old 11-20-2008, 01:27 PM
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kart2007 will become famous soon enough
Default

Your lawyer is right. You can do a court marriage and get her H4 done. Make sure you exchange garlands, have a few friends over, and exchange sweets, have lunch/dinner etc. Make sure you capture all these moments (get a professional photographer).

The IO may ask you for your marriage pictures so make sure your wife carries it during her interview. I have seen some H4s getting rejected but they are mostly due to poor communication at the interview. As long as a person communicates nice and clear and expresses her intent to join the spouse overseas, I don't see any problem in getting the H4.

Good luck to you and your wife. Congratulations on your marriage

Edit: 3 things are of utmost importance at the H4 interview:

1. Clear communication without any lies or doubts.
2. Wedding album
3. ALL your H1 related material (documents, paystubs, company info etc). Of course this is in addition to all documents needed for H4.

Last edited by kart2007; 11-20-2008 at 01:29 PM.
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  #6 (permalink)  
Old 11-20-2008, 03:31 PM
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if you are short of time , you can get married in a 'arya samaj' temple. they give a certificate which is sufficient for registration in court.
You can take pictures of marriage in 'arya samaj' temple and it should be good for visa purpose along with court+arya samaj marriage certificate.
This way you don't have to wait for 1 month waiting period of court marriage.
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  #7 (permalink)  
Old 11-21-2008, 02:48 AM
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default

Thanks much for the replies guys, I really appreciate it. And thanks for the wishes too

I may have been unclear in my earlier post -- I never intended to make false statements -- but for the small thing that we are trying to get a visa to make a *possible* trip to US before returning to get our traditional wedding done.

I have my H1 renewal as well .. so maybe we will both go together for our visas.

Well I was not aware of the one month notice thingy -- I am trying to find out about this -- but would appreciate any links that talk about how to get a court marriage done.

Thanks again!
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  #8 (permalink)  
Old 11-21-2008, 11:06 AM
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gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute gccovet has a reputation beyond repute
Default

Quote:
Originally Posted by shishya View Post
Thanks much for the replies guys, I really appreciate it. And thanks for the wishes too

I may have been unclear in my earlier post -- I never intended to make false statements -- but for the small thing that we are trying to get a visa to make a *possible* trip to US before returning to get our traditional wedding done.

I have my H1 renewal as well .. so maybe we will both go together for our visas.

Well I was not aware of the one month notice thingy -- I am trying to find out about this -- but would appreciate any links that talk about how to get a court marriage done.

Thanks again!

Check you pm.
__________________
PD:5/04 EB3-I. I-140 AP 5/2006. I-485 ND 7/07.
****************************************
If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.

****************************************
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