Family-Based Green Cards

Marriage to US Citizen with EB AOS is pending

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Can H-1 be extended based upon family-based green card?

I am on H1B. If applied for GC through Family Based 4 category (brother/sister) can I apply for extension of my stay after my 6 yrs H1 period once the I-130 approved? Or this extension request is applicable only on Employment Based processing after Labor clearance?

You cannot. This extension is available only to employment-based applicants.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Waiver of Joint filing requirement

Divorced from my husband and need to file for removal of conditions (status: permanent resident), i.e. to apply for a waiver of the requirement to file a joint petition due to termination of marriage. How do I proceed? What documents do I need to file for removal of conditions based on the situation I am in.

You will need the waiver as you have said. Read the instructions on Form I-751. What you will be required to prove is that the marriage, when entered into, was in good faith and not to get a green card.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Filing I-485 after I-130 approved

I filed I-130 for my mother at beginning of April. Now I want to file I-485 as part of the concurrent filing. Can I just file I-485 and attach a copy of I-130 notice? Please advise what I should do. Thank you

I think you can and there should not be any problem. As to where to file, call USCIS customer service. 1 (800) 375-5283.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Siddhartha Nandi , United States

Name: 
Siddhartha Nandi
State: 
SC
Country: 
United States
Comment: 

The law office of Mr. Rajiv S. Khanna filed my and my wife's I-485 and I-140 cases con-currently on the February 19th 2008. We got approvals on the February 24th 2009 and received our Green Cards on the March 6th 2009. . We are amazed to get our cases approved within 1 year of filing. We received RFE for our cases on “Proof of birth and parentage and bona fide marriage”. Mr. Khanna's professional team responded and our cases got approved in less than 10 days of the response. I am greatly satisfied with the professionalism and the dedicated service of Mr. Khanna’s team through out the entire journey of the Green Card process. I would like to specially thank Mr. Rajiv S. Khanna, Mr. Mathew Chacko, Prerna Mehta, Bharathi Gajala, Amrita, Sheena and Kimberly for their dedicated help and support in the successful approvals of our I-485s, I-140 and PERM Labor Certificate. I will definitely consult the law office Rajiv S. Khanna in the future for all my immigration related legal needs. I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues and/or advice. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. Last but not the least; www.immigrationportal.com is a great source of very useful immigration related information that has been brought to all of us by Mr. Khanna’s law office. The forum maintained by his office is by far an active place for all sorts of valuable immigration and visa related discussions.

Interview at Buffalo (NY) DO

Name: 
Bumblebee76
Country: 
United States

I had my interview back in November, at the Buffalo (NY) DO. It was so quick we were in and out of the office within 10- 15 mins. We had a very nice woman officer.

She asked us to swear the oath, she asked us 3 questions and wanted to see our utility bills.

Once she had photocopied them, she came back in the room and said my GC had been approved. She said i should recieve it within 2 weeks, which i did.

Hope everyone's GC interview could be so quick and easy.

Adoption from India

I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Consular Processing Experience

Name: 
user4567
State: 
CA
Country: 
United States

Category: IR5 (parents)

Interview Date: Feb 2009
Consulate: Chennai, India

Jan 28, 2009: Called panel doctor Vijayalakshmi and fixed an appointment for Jan 31st, 11 AM.

30th Jan 2009:
Reached Lister Labs at 6:30 AM and no one was there. Security opened the gate and gave us the first token. We were out by 8:30 AM. Collected Sealed envelope at 4:30 PM. X-Ray, blood test cost: Rs 810.

31st Jan 2009:

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