Marriage to a everlasting resident in the US, be it a green card holder or a US citizen, does no longer mean that the India-basically based fully mostly accomplice can board the next flight. There’s a waiting duration involved and the first step is tackling the interview.
Per immigration attorneys, consulate officials are well versed with the idea of an arranged marriage and largely sensitised to the challenges that can encompass an inter-caste or inter-non secular marriage. But it’s ultimate for the bride to be prepared for any questions that can carve up.
“The consulate real double-assessments by taking a ogle at the marriage ceremony album and assorted proof equivalent to bookings associated to the wedding venue or honeymoon,” says Cyrus Mehta, a Unique York-basically based fully mostly immigration attorney and founder of a law firm.
If the marriage ceremony used to be infamous with the pomp associated to a faded marriage and used to be registered, there is on the total no topic. “With respect to Hindu marriages, the consulate appears to peep whether or no longer the venerable marriage rituals equivalent to ‘saptapadi’ were adhered to, even despite the undeniable reality that a Hindu marriage may perchance simply moreover be legally well-behaved even in the absence of the couple taking these seven steps around a hearth. If the bona fides of a wedding are suspect, then discreet inquiries may perchance simply be conducted – for instance, by asking the neighbours,” says Mehta.
Rajiv S Khanna, managing attorney at Immigration.com says, “In a recent case, the consulate real used to be highly suspicious as the faded pomp used to be missing and the wedding used to be attended by ultimate around 10 folks. Once it used to be explained that the wedding used to be an inter-caste one, which used to be vehemently adverse by households from each and every aspects, which resulted in the smaller number of invitees and a low-key social gathering, the assignment used to be gentle-sailing.”
“Because the couple agree without a longer yet started living collectively, the questions also centre around how continually they stop in contact and their future plans,” adds Khanna.
David Nachman, managing attorney at NPZ Legislation Neighborhood functions out: “US consulate officers are also educated in the myriad nuances of Indian custom, equivalent to the protocol and pressures for people to marry inner their castes, religions and even geographies. As an instance, a case entertaining a Punjabi in India marrying a Gujarati US citizen is more likely to outcome in an administrative processing inquiry.”
“The Fraud Detection and Nationwide Security (FDNS) agency has suggested that immigration officers stare at social websites to check if the couple are in a legit marital relationship. We caution our purchasers to check all their social media accounts and update or sanitise them,” says Snehal Bhatia, managing attorney at NPZ Legislation Neighborhood.
It’s also doable for the wife to already be in the US, speak on an H-1B work visa. Publish marriage to a green card holder or US citizen, she can notice for a green card (is called adjustment of converse), however the interview assignment is more rigorous.
“Officers of the US Citizenship and Immigration Services (USCIS) behavior separate interviews – known as the Stokes interview, to be sure the couple resides collectively and corroborate the answers. The questions can vary from the place they met, the proposal itself, foods they take care of, who does family chores, sleeping habits, hobbies, toiletries ragged et all” says Khanna.
“The couple has the swish to agree with an attorney recent at some point soon of separate interviews. In one such interview, the husband used to be asked: ‘How enact you wake up in the morning?’ He answered that he ragged an fright clock. The wife who used to be one at a time interviewed talked a pair of cell phone used to be ragged. I used to be in a area to make clear that the fright used to be area on the cell phone, else this client’s software program would were denied,” illustrates Bhatia.
Adjusting converse to a green card whereas on a short lived visit to meet one’s husband may perchance simply moreover be problematic. “Her entry to the US may perchance simply moreover be handled as false with the main intent of converting to a green card – penalties can even be a everlasting bar,” cautions Khanna.