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green card
NRIs Get Green Card through Marriage of USA in Three Steps

NRIs Get Green Card through Marriage of USA in Three Steps

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You can get green card of the USA, if your spouse is its citizen. You will naturally be eligible to file petition for getting this card through marriage.

But, you have to present evidence and concrete facts of your intentions. The consular officers scan your intentions during the visa interview. If they conclude them deceitful, your visa application could be rejected.

The green card through marriage brings along the lingering benefits for non-residents live and work anywhere in the United States. The NRIs attain the status of a permanent resident. But if, they apply for the US citizenship, they gain the leverage to live and work three more years there.

  1. File Petition for Alien Relative via Form I-130:

Before knowing about this form, you should know about the beneficiary and the petitioner/sponsor. Let’s say, you’re a citizen of the US. Now, you want to call your wife from Australia to settle with. In this case, you have to file a petition to sponsor her. Thereby, you’ll be the “sponsor/petitioner”. On the other hand, your wife would be considered the “beneficiary”.

The sponsorship procedure begins by submitting the Form I-130. It is also called “the Petition for Alien Relative”. The sponsor can also sponsor his relatives, mother or father through it. But, he has to file separate petitions for each one.

This form serves the purpose of pulling out a valid proof of the relationship between the beneficiary and the sponsor. In the aforementioned case, the petitioner should present all evidences in support of his marriage.

Which supporting documents should you have?

  • Birth certificate of the sponsor
  • Naturalization certificate
  • Valid US passport photo page
  • Or, a copy of the petitioner’s green card
  • Marriage certificate showing the names of both spouses, place and date of the marriage
  • A joint lease or medical insurance policy/ joint bank account statement/ pictures
  • Proof of divorce, if was married before

Steps to file Form I-130:

  • While following Form I-130 instructions, mail it to the USCIS.
  • If the USCIS requires some more evidences, it can send a Request for Evidence (RFE) within 2-3 months.
  • Get the receipt within 2 weeks.
  • The approval may take 7 to 15 months.

If you find it tough to go through this step, talk to the expert NRI consultants, like Services 2NRI.

  1. Apply for green card through marriage:

This step is an ordeal for the beneficiary. The US immigration authority has separate guidelines for the natives and the foreigners in this regard. The beneficiary living outside the United States have to check the visa bulletin. If the bulletin has it together with various annual caps, he/she can fill up the Form I-485. This form shows the eligibility of the beneficiary to get a green card. The immigration authority of that country presently approves within 9 to 11 months.

Which supporting documents should you have?

  • Proof of nationality, like birth certificate and passport
  • Proof of lawful entry into the US
  • Medical examination report by the USCIS-approved doctor
  • Affidavit of Support/Form I-864 to prove the financial capacity of the sponsor
  • Fee

The steps of getting approval of the US consul will be similar to the aforementioned steps. Therefore, the processing time will be same as in the first step.

  1. Appear in the green card interview:

This step is a face-to-face interview round. If your sponsor lives in the US, he/she won’t be a part of this round. It would occur in the US embassy in the country where the beneficiary lives.  If all go well, the approval on green card through marriage will come within 2 to 3 weeks.

As said in the beginning, the consulate will try to scan your intentions. They want to assess the authenticity of your marriage. Therefore, the questions would be focused on the history of your relationship, daily activity and future plans together.

Tips for Visa Interview
Tips for Visa Interview That Never Go Wrong for Students

Tips for Visa Interview That Never Go Wrong for Students

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Are you going abroad?

Getting an interview call for visa is the last hurdle to pass through. Before appearing on it, you should rehearse well. You might encounter a volley of questions and requirements that you, probably, won’t be in your knowledge. So, it’s better to go through the visa interview tips that never go wrong for the students.

Which countries do mandate visa interview for students?

You have to get by the visa interview round, if your destination is any of the European countries, like Germany, or America. The countries, like the UK, Canada and Australia, won’t ask you to crack the interview in all cases. It means that it’s optional. But if, you want it for a longer stay or have incomplete reasons, it would be compulsory then. The students who are likely to go to France for studying shall have to walk through the academic interview round.

Singapore is the only country wherein you won’t have to get through interview hassles. The entire procedure is online.

Get ready with these documents:

  1. About Personal Relationship:
  • Passport (current as well as the old one)
  • Machine Readable Visa (MRV) fee receipt
  • Visa interview appointment letter
  • Bachelorhood Certificate/ Single Status Certificate/ Certificate of No Impediment
  • Marriage certificate
  • DS 160 confirmation slip with clearly visible barcodes
  • SEVIS (Student and Exchange Visitor Information System) fee receipt
  • Passport size photograph (in a prescribed form)
  1. About Education & Work Profile:
  • Class 10 & 12 certificates & mark sheet
  • GRE/GMAT/SAT scorecard
  • IELTS/TOFEL scorecard
  • Bachelor’s degree/provisional certificate/consolidate mark sheet/ transcript (If any)
  • Work experience proof (If any)
  • Joining Letter (If any)
  • Salary proof of previous six months (If any)
  • Relieving Letter
  1. About Financial Status:
  • Fund status to determine whether or not you’re capable of funding your education
  • Loan approval letter (If any)
  • Saving bank account statement (of last three years)
  • Fixed deposit certificates (of last three years)
  • Tax returns documents (of last three years)
  • Property papers (including residential/commercial /inherited/ immovable property)

Define the purpose of your foreign visit:

Always drill into your head that the consular officer would judge what your interest and capabilities are. So, be prepared with the answer of these questions:

  • Which course have you preferred and why only that particular course is your choice?
  • Whether or not you or your family will be financially eligible to finance your education expenses? (Be ready with the loan papers, family fund proofs or scholarship documents)
  • Are you going to realize your education dreams, indeed? Or, do you intend to work there after that educational course?
  • Why only a particular destination is fit for your educational goal?
  • What if a job offer comes in your way after obtaining that degree in the foreign?
  • How will you be able to survive or arrange funds if you run out of money?

Last but Not the Least, these tips are indeed handy!

  • Don’t try to show the supporting documents in response to every query. Don’t offer papers unless the officer asks.
  • Get ready with every document. Make them accessible, when asked in the interview.
  • Paint the clear picture of your aim in the foreign country. Let’s say, you want to get a degree in a particular course. Prove your objective and be ready to answer of the ‘Why’.
  • Look presentable & confident.
  • Answer after thoroughly listening to the questions. Keep the patience.
  • Don’t sound as if you’re a parrot while iterating your purpose.
  • Avoid arguments.
  • Research in deep about the company or the university wherein you want to study or work.
  • Go through the prospectus of the university and company’s policies.

I-130 Instructions
Step By Step I-130 Instructions for NRIs

Step By Step I-130 Instructions for NRIs

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Do you likely to settle in the US?

It’s easy, if you get a favour from the native of that country. The lawful or permanent citizen of that country should prove relationship with certain alien relatives. Thereby, the non-resident of India or of some other country can immigrate to the United States.

What is Form i-130?

The Form i-130 mirrors A to Z details of the immigrant who is sponsored by the lawful citizen of the US. What the relationship is between the petitioner and the beneficiary-it should be mentioned explicitly in the form I-130. It straightly asks about the adoption, step relationship, previous marriage and the immigration history of the NRIs.

As per I-130 instructions, this form is divided into six sections, from A to F.   Let’s catch a cursory look into what instructions are mandatory to fill into.

Part A: About Relationship

Do keep in your mind that the US citizen has a privilege to sponsor any of the spouse, parents, brother/sister or a child. On the flip side, the lawful permanent citizen/green card holder can sponsor the spouse or a child only.

  1. Select the type of relative you’re sponsoring to.
  2. If sponsoring an adoptive child,
  • Select the type of relationship among biological/stepparent or adoptive.
  • Submit additional proofs of your relationship, if it’s petitioned for an adoptive relationship.
  • The marriage of the stepfather or stepmother should occur before the child turns 18. Otherwise, sponsoring a visa could be difficult for the child.
  1. If sponsoring the parents,
  • File a separate petition for mother and father respectively.
  • It’s self-explanatory.
  1. If you’re getting a permanent residency from the NRIs,
  • Select ‘Yes’, otherwise ‘No’.

 

Part B: About Petitioner

This section is meant to churn about the sponsor or the petitioner in particular. The country of domicile would definitely be pivotal in the whole process. If he is a licit green card holder, he could easily prepare Form i-864, which is known as the Affidavit of Support.

What this section asks about the petitioner comprises:

  • Last name in all caps at the foremost position
  • The sequence of the name should be Surname in All Caps, first name and then, the middle name.
  • Mention the domicile. If the native lives outside America for work purpose temporarily and has an intention to come back, his country of domicile would be the same (i.e. America).
  • If the petitioner lives outside permanently, he should enclose some concrete proofs in support.
  • State the marital status. It should be the most recent. It means that the divorcee might have solemnized the marriage recently. In that case, the marital status should be ‘Married’.
  • Write maiden name. It determines the name of the women before marriage. Some women swap their last name with the surname of their husband after marriage.
  • Type the ‘A number’ that consists of the letter A (for Alien) trailed by eight digits. The USCIS (Immigration authority of the US) assigns this number if you’ve applied for the permanent residency as an NRI/ or you’re a temporary resident/ or, have been deporting.

If you don’t have it, leave it blank. Avoid writing ‘none’.

  • Make sure that the legal process pertaining to your divorce is wrapped up, if you have been re-married. Otherwise, you have to hire an attorney.
  • The permanent resident should write ‘N/A’. If the citizenship comes through naturalization, write the number mentioned on the top right of your naturalization certificate.
  • If you’ve attained the permanent residency through marriage with the native spouse, you can’t sponsor a new spouse for 5 years. If that spouse dies in that time period or the matrimony terminated and was proven that it was not intended to deceive, you can get the green card. Enclose the evidences of your married life with the US native, like shared rent receipt, child’s birth certificate, club membership, utility bills & insurance policies.

Part C: About Beneficiary (Alien Relative)

  • Naming conventions in sequence: Last name in all caps, first name in small letters and middle name in small letters.
  • Write the most recent marital status. If you’re married post giving a divorce, you should write ‘Married’.
  • Write the maiden name that is the name of the woman before marriage.
  • Mention the social security number, if any. It’s assigned to those who got the work permit or work visa in the US before.
  • Put down ‘A Number’ (Alien Number), if there is any.
  • If your spouse is a petitioner/sponsor, ensure that you’re divorced legally before getting married to the current spouse.
  • Mention your legal status along with I-94 number, date of arrival and expiry date of the authorized stay. Otherwise, you have to put down ‘without inspection’, if your entered illegally.
  • Write the name & address of the employer. If self-employed, write it down. Write ‘none’, if you’re retired/ housewife or house-husband.
  • Consult the attorney, if you’re caught up in immigration proceedings.
  • Pen down the name of all children from the current as well as previous marriage.
  • Mention the address of your sponsoring relative as it’s yours to avoid the suspicion of the USCIS officials. If you’ve a concrete reason to put another address there, enclose the description.
  • Mention your address of the country, if you live outside the US. Put ‘None’, if you stay in the US.
  • Write or type the name of the beneficiary in the script other than the Roman script, like Hindi, Gujarati, Tamil, Chinese and Hebrew etc. Since doing so online is not possible, you can download and write it manually later.
  • If you illegally accommodate the US and are going to exit, your spouse could be probed later.
  • If you’re eligible to apply for the Adjustment of Status, you can apply for it. But if you don’t want to continue living in the US, you don’t need to mention the consular processing. Your illegal stay prohibits applying for changing the status. But, if you’re from outside the US, don’t mention the city.

Part D: US Citizen/Permanent Residents

  • You can file more than one petition at a time for your spouse, children or relatives. Their proceeding would go simultaneously.
  • Fill the matrimonial details carefully. If your previous marriages were short-lived and you’ve petitioned all/most of the times, you would undergo doubts. The inquiry regarding fraud could be initialized.

Part E: Contact Details

  • Put down your signature, date and phone number

Part F: Contact Details of the Person Filling Your Form

  • Ink the signature of the person who is neither beneficiary nor petitioner
  • Provide details of the attorney/Solicitor, if he is filling this form.
  • Don’t write the name of the friends or relatives who would have helped you in filling this form.

USCIS Forms Law
USCIS Forms Law to Stop Replacing NRIs with Americans on Job

USCIS Forms Law to Stop Replacing NRIs with Americans on Job

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Main Points:

  • USCIS is likely to stop swapping of American with H1B visa holding NRIs.
  • H1B visa norms became tougher after September 11, 2017.
  • Only qualified people would get visa.
  • Indians faced maximum number of visa denials during last year.
  • 14, 204 out of 10.7 lakh NRIs overstay their visas.

The heart of the director of the United States Citizenship and Immigration Services (USCIS), L Francis Cissna, beats for his countrymen. He would like to constitute a directive that could prevent H1B visa holding NRIs from replacing Americans on the job.

What he said, “I would really love it if Congress would pass a provision prohibiting American workers being replaced by H-1B workers. I could draft it myself, probably right now, you know?”

He strongly iterated similarly to the US President Donald Trumps’ by saying “Buy American, Hire American”. His remark ripped the Indian diaspora at the “Immigration Newsmaker” event in the Washington DC 15 August. The Center for Immigration Studies (CIS) held that event where this anti-immigrant stance surfaced the headlines. The CIS website has even published it on its official website.  

H1B visa holders overstaying in the US

The year 2017 witnessed 3.65 lakh visa applications. India’s skilled workforce covered 75.6% out of that total visa applications. By the end of that fiscal year, nearly 21,000 Indians needed renewal. But, they overstayed, even though their visa was expired.

This practice has been trending for years. That’s why India ranks 10 among the countries whose natives temporarily come to the US legally but, they continue to live there illegally.

US enforced stringent H1B visa rules:

This unlawful practice has compelled the in-power diplomats to take necessary steps for terminating this unethical practice.  That’s why the Trump administration has enforced some stringent immigration rules. Consequently, the skilled workforce has to go through the hot water to get that work visa.

Now, the USCIS officials have a right to accept and reject visa applications. They follow an explicit way of verifying overwhelming visa requests. They prove whether or not the supplied proofs of wages and their description are authentic. If it is so and also, matches the requisite job vacancy in the USA, the immigration officer signs the permission by sanctioning that visa.

Report of the American Immigration Lawyers Association:

The American immigration lawyers association filed a lawsuit. It had to knock at the door of the court amid swelling requests of the H1B visa. Now, the USCIS has made an official announcement that the visa seekers should have to meet the mandatory condition of producing a Request for Evidence (RFE). This evidence would probe into the wages and the suitability of the job profile of a particular visa applicant.

Spiking demand of RFEs and their rejections:

The number of RFEs is skyrocketing. To report about it, the American Immigration Lawyers Association has filed a petition in the court. It wanted to know the reason of why the demand of the RFEs is at the height; and also, most of those applications are meeting rejections.

A report of the National Foundation for American Policy throws light on these points:

  • Why did the third to the fourth quarter of fiscal 2017 register astounding 41% rejections of the h1B visa?
  • Why did Indian applicant receive maximum denials?

If you look at its statistical figure, the USCIS received 72.4% RFEs requests in the fourth quarter of the fiscal 2017. It’s noteworthy that the same kind of visa requests was 61.2% during same tenure. And if one considers the comparative analysis of the denial percentage of those visa applications, it’s 23.6% from India whereas just 19.6% from other countries.

B1 & B2 Visa
What is Difference Between B1 and B2 Visa?

What is Difference Between B1 and B2 Visa?

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If you’re confused over which visa to the USA could fulfill your requirement, you should know the proposition of B1 and B2 visa. However, both visas serve the motto of temporary stay in the USA. That’s why their holders are considered as a non-immigrant.

Why do you require B1 visa?

It’s a business visitor visa. The visa-holder basically visits the US to serve the business purpose.

  • Negotiating or signing business contracts
  • Purchasing business supplies
  • Participating in the business meets/ exhibition/ convention
  • Setting up an estate
  • Appearing in any examination in the USA
  • Professional services
  • Competing in the non-professional events
  • Independent research
  • Consulting with business associates
  • Short-term training course

 Why do you require B2 visa? 

This B2 visa allows you to visit the United States for a short period. It generally approves the holders to travel to this continent for a pretty broad range of short term courses and tourist activities.

  • Family/friend visits
  • Attending social events, like wedding or reunion or any other ceremony
  • For medical treatment
  • Trip to tourist places
  • Taking recreational classes
  • Vacation
  • Participating in the amateur events, like musical events or similar events

Which documents are enclosed with B1 and B2 visas?

Documents required for B1 visa Documents required for B2 visa
Evidence of holding conference/meet/trip Valid Passport (Old & New)
Tax statement for the previous 3 years DS-160 form confirmation page
Proof of traveling abroad Application fee payment receipt
Complete itinerary including name, date and address Photos
A letter from the employer stating the name, date, duration, bank statement of last 2 years & cost of the trip Copy of appointment letter
Exchanges of correspondence with the US purchasers, suppliers and contacts Current income proof, tax payment, ownerships business or property or assets
Evidence of imports and exports (like bills) Travel itinerary & other explanation
Business licence An appointment letter stating your designation, salary, employment period and authorized vacation (if any)
Documents describing business, duration, financial statement and photographs of the office, shop or warehouse etc. Court orders, if convicted ever
Group of photos employees At VAC (Visa Application Center)
Recent advertising brochures, publications, or any media coverage with financial records, source of funds, income tax papers Valid Passport
Invitation to the US on the company’s letterhead DS-160 form
If have to show voluntary work proof, show invitation letter from the US Job confirmation letter
If have to show proof of exhibition & conference, show proof of registration, brochure, proof of attending prior events One photo, if below 14 years old
If have to show technical conference, show CV, complete list of publication & letter of acceptance/invitation from school Visa fee

 

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