U.S. non-immigrant visas ~ B1-B2, F1, OPT, H1B, H1B-GC, L1, J1, ~ How they affect your wards in matrimony with Permanent Residents and U.S.Citizens? And Between One Another! Frequently Asked Questions (FAQs) in Matrimony? (Every U.S. and Canadian Visa Option Discussed)
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E-broadcast Newsletter published on 7 April 2018
U.S. non-immigrant visas ~ B1-B2, F1, OPT, H1B, H1B-GC, L1, J1, ~ How they affect your wards in matrimony with Permanent Residents and U.S.Citizens? And Between One Another! Frequently Asked Questions (FAQs) in Matrimony? www.globalmatri.org ~ APRIL 07, 2018, updated May 4, 2018
(Every U.S. and Canadian Visa Option Discussed)
Dear Parents of Brides and Grooms the World Over:
THIS E-BROADCAST INCLUDES THE FIRST PART OF FAQs (mailed last week) AND (concludes with) THE SECOND AND FINAL PART OF MY FAQ's IN MATRIMONY THIS WEEK, ON ALL U.S. AND CANADIAN VISAS ~ AND TELLS IT ALL, VERY EXPLICITLY!
Even as the deadline is approaching this weekend, on April 2, for the filing of H-1B non-immigrant work visas for the 2018-2019 quota, with "premium processing" being suspended until September 2018, except for "certain categories", amidst the growing impact of President Trump's "Buy American ... Hire American" (BAHA), with USCIS tightening its specs on "Specialty Occupation" to be able to qualify for a H1B award, (winning the Lottery is ONE PART, but being able to meet the requirement of "Specialty Occupation) and get the H1B approved, is another story! it is anticipated that the demand for this year's lottery will be some what modest, with at least another 175,000 applicants lining up to the H1-B lottery to take their chances. This is because the U.S. economy continues to be very robust and unemployment figures are at their lowest levels in decades! This, despite President Trump being unpopular!
Writes one Immigration Attorney: "INFOPASS appointments continue to be very difficult to obtain. Government Immigration officials are more and more difficult to reach. Greater obstacles have been placed on us, as immigration lawyers. We are facing challenging times in the practice of immigration law in the U.S. We continue to remind our clients to be "patient and persistent".
TAIL PIECE: Starting April 2, 2018, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document's intended recipient to provide the correct address. USCIS encourages applicants to report a change of address within 10 days of relocation using the procedures outlined at uscis.gov/addresschange. How ugly he is making it!
With the confusion that prevails with so many rule changes made by the Trump Administration on non-immigrant workers living in the U.S., in the last 15 months, as he tries to deliver on his pre-election campaign rhetoric with the "Extreme Vetting" policies that have been initiated, through the new National Vetting Center (NVC) recently, further slowing down the immigration processes to "a slow crawl", many parents are in dark on various non-immigrant visa rules as to how they affect their wards living in the U.S. in their matrimonial search!
Rather than try and explain the changes to the visa rules, I am devoting this week's columns to answering Frequently Asked Questions (FAQs) on various types of non-immigrant and immigrant visas that I have received from parents from all over the world, in the last six months and how they impact your wards living in the U.S. in your matrimonial search!
FREQUENTLY ASKED QUESTIONS (FAQS) IN MATRIMONY
Question 1: Our daughter has a 10-year B1/B2 visitor visa. She has been courting a U.S. citizen boy. She is coming to the U.S. next month. Can she get married to him while in the U.S. and can the U.S. citizen boy apply for her green card, after the marriage, while in the U.S.? How soon can she get a Green Card?
Answer: A little publicized bulletin dated September 1, 2017, issued by the Department of State (DOS) could affect all U.S. citizens and Permanent Residents of U.S.A., marrying those in the U.S. on (non-immigrant) meaning work related and other visas, such as B1-B2 (visitor visas), F1 (student), OPT (Optional Practical Training), H1B, J1, L1 and other such non-immigrant work visas. The (DOS) Bulletin clarifies that:"A non-immigrant in a status prohibiting immigrant "intent" marrying a United States citizen or lawful Permanent Resident and taking up residence in the United States", by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefits provided under this Act, is "inadmissible" to U.S.A., giving USCIS enormous powers in reviewing and adjudicating on "change in status" Petitions by U.S. Citizens and Permanent Residents (of their spouses in matrimony) also a hitherto existing "bar on 30-60 day rule" has been lifted and the Immigration Department now retains powers on adjudication even after 90 days after entry of the beneficiary into the United States. If the USCIS suspects that a change in status of a non-immigrant visa holder has been sought in matrimony to a U.S.A. citizen or Permanent Resident, to just circumvent the rules, with "a preconceived intent", that Petition can or may be denied. The USCIS could take the position that the beneficiary (a non-immigrant) did not disclose her intention to get married to a U.S. citizen or a Green Card holder, in her original visa application she made for purposes of traveling to the United States, and therefore may deny her Petition.
MY OPINION ~
Therefore, I would not recommend her marrying the U.S. citizen while visiting the U.S. on a B1/B2 visitor visa, as it may lead to complications in her getting the green card later.
What if her green card is denied? And on top of it, if USCIS hands her a "deportation order", revoking her 10 year B1-B2 visa? You surely don't want all those complications after the marriage! Right?! I would also caution all U.S. citizens and Permanent Residents from entering into such arrangements in matrimony
There are, however, two legal ways in which U.S. citizens can or may marry a bride or groom living in India or overseas (including Canada):
First, the U.S. citizen boy can travel to India, get married to her, obtain a "marriage certificate" in India, after the wedding then return to the U.S. and file for a Petition in her behalf with the marriage certificate. This procedure, under current conditions, is now taking 12 ~ 14 months before the spouse is issued a Green Card in India and can join her husband in
Second, the U.S. citizen boy can petition for a Fiance' Visa in her behalf from the U.S. It takes approximately 8-9 months before the Fiance' visa is processed and she gets a stamping on her passport at the American Consulate in India, to travel to the U.S., if her evidence to the Consular Officer is compelling. The U.S. citizen boy cannot file for a Fiance' visa, by just doing face time from the U.S. for 2 or 3 times ~ for this, he must have traveled to India and met with the girl several times to get to know her ~ as the bride who gets an interview from the American Consulate in India for a Fiance' visa, gets interrogated quite intensely about her meetings with the U.S. citizen boy, how well she knows him, their prior blood relationship, if any, how many times have they met and all that, how they met or got introduced? ~ and the burden of proof to satisfy the Consular Officer rests on the girl; and if the Officer is not satisfied with her answers, her Fiance visa may be denied.
If, however, the Fiance' visa is granted to her, which is valid for 90 days, she can then travel to the U.S., get married to the U.S. citizen boy, while in the U.S. within 90 days, register their marriage by getting a "marriage license" in the county (district) where the boy resides in the U.S., who then files a Petition for her Green Card. It is currently taking approximately 12-18 months to get the actual green card in hand, from the filing date. During that period, she cannot travel out of the United States, unless it is an emergency, in which case, she has to get a parole from Immigration to leave the country and no objection to return to the U.S.
Question 2: Our daughter is in the U.S. on a H1B visa ~ she has received an expression of interest in her profile from a boy who is on H1B~GC, status transitioning into a Green Card, with his I-140 Labor Certification approved. The boy states that in her marriage to him, our daughter can slide into his H1B~GC Petition, keep her H1B status and still continue to work and eventually they both get a Green Card. Please clarify.
Answer: True, under the old President Obama's 2015 Executive Order, those transitioning from an H1B into a GC status (with an approved I-140 Labor Certification), could previously get married to brides from India or those in the U.S. on H1B, include her petition in his H1B-GC status and get their spouse's H4 visa status converted into a H1B work visa, to work and stay in the U.S. legally, until they both got their Green Cards together, eventually. That President Obama's 2015 Executive Order, is in a state of "limbo" NOW over the uncertainty that has been created as a result of a long-standing lawsuit filed against Obama's Executive Order by Save Jobs USA", an Organization of former Southern California Edison IT workers who claimed that they lost their jobs to H1B workers and sued the Department of Homeland Security (DHS) for granting such work permits, converting H4s into H1B.
If H1B spouses on H4 cannot work in the U.S. legally, they are left with no option "but to sit on the bench"! No wonder, therefore, brides from here in the U.S. on H1B or from India want to step up in matrimony to the boys in the U.S. on H1B status ~ If the boys are on straight H1B visa, and into their second 3-year term on H1B (not sponsored for a GC), girls shy away from such alliances, because their question is "what will I do with the boy if has to leave the U.S. when his current H1B expires?!" "Where will he go?!" "What will he do?!" And most importantly, "What wilI I do with the marriage?!" and "if I should have a child(ren) by virtue of this marriage?!"are all big questions daunting these brides! because of uncertainty of the boys future that they face, in matrimony! So the H1B brides in the U.S. are constantly seeking U.S. citizen boys in hopes of getting married to one! As most brides would like to permanently settle down in the U.S. in matrimony. And H1B boys are reaching out to U.S. citizens for the same reason ~
Although the U.S. District court in California dismissed the law suit , "Save Jobs USA" Organization appealed that ruling in September, 2016 to a higher Court. Meanwhile, the Trump Administration, under its "Buy American, Hire American" "BAHA" program, published a Statement on December 14, 2017, on Removing H4 Dependent Spouses from that Class of Aliens Eligible for Employment Authorization (EAD)"to either amend or revoke their EAD authorization. DHS has since filed at least four (4) motions asking the higher Court to pause the case, over the last year and half, while it says it is reviewing and evaluating the pros and cons on amending or "removing" H4 work authorizations, "imperiling" the lives of over 200,000 H1B Indians who are affected by this H4 uncertainty. The last we heard about it was that a ruling could be forthcoming from DHS in June 2018. And even if a "favorable" ruling were to be forthcoming from DHS, there is no guarantee that "Save Jobs USA" Organization would not appeal that ruling unto the Supreme Court, extending that uncertainty for many, years. It is also highly doubtful how President Trump's BAHA program could issue a favorable ruling in this regard, opposing "Save Jobs USA" Appeal! And against keeping his election campaign promise for BAHA. In either case, I see some chaos and uncertainly on this issue to prevail, for quite some time! No immediate resolution to this problem seems in sight!
Given the "uncertainty" in the above set of circumstances with H4 work authorizations, I would not recommend those on H1B here in the U.S. or brides from India (or other countries), seeking to come to the U.S. in matrimony, marrying those on H1B-GC status (with an I-140 approved) petition, under the old Obama Executive Order, unless and until the DHS and the Court give a clear and final ruling on the pending law suit, re: H4 work authorizations. Reportedly, USCIS is not processing any more H4 conversions into H1B, at this time, pending the Court ruling.
Question 3: Our daughter is currently on a H1B visa which is due to expire on May 31, 2019. She wants to marry a boy who is a Permanent Resident (Green Card holder) in the U.S. What are the pros and cons and how it will work out for her green card?!
Answer: Good question! Green Card Holders in the U.S. have to be careful in reaching out to those on H1B (work related, student and OPT) in marriage, in the U.S. , as USCIS under the Trump Administration is enforcing stricter controls over those in the U.S. on work related visas. The spouses and dependent children of Green Card holders come under a visa classification called F2A the procedure for filing of Petitions under F2A Green Card holder spouses, has, in the last two years, come under a two step process:
First Step, called, Application Filing Date: which as of March 2018, as per the Dept of State Bulletin, stood at 1 May 2017.
Second Step, called, Application Final Action Date: which as of March 2018 as per the Dept of State Bulletin, is stalled at 22 March 2016.
So, a Permanent Resident filing under F2A for his spouse's Green Card, has to follow the above 2-step filing process. This is how it would work:
if your daughter on an H1B visa got married to a boy who is a Permanent Resident (Green Card holder) in U.S.A., let say by August 1, 2018, his spouse's F2A eligibility date for filing an application in her behalf, (which currently stands at 01 May 2017)has to cross August 1 2018 (on or after her marriage date ~ which is when he can file an application for her status adjustment. Thereafter, he has to wait for the second step, until the Final Action Date for filing her I-485 (which is currently stalled at 22 March 2016), moves or crosses August 1, 2018 (her marriage filing date). The Department of State is unable to predict how fast that May 1, 2017 date's(first step Filing Date for visa applications) will move forward or how long it might take for it to cross the second step filing for (Final Action date which is currently stalled at 22 March 2016, (if we were to reckon her application filing date as August 1, 2018, the date after her marriage) because it depends on the number of green cards available for distribution over a given year, under different categories, for different countries, such as employment based, relationship based, etc. And If Your daughter's H1B visa expires (as you say on May 1, 2019), before those two dates come into focus, (and those 2 dates have not moved past August 1, 2018), then. she will have to return to India, wait there until she gets the green card on hand and then come to the U.S. to join her husband, at that time she cannot seek to extend her stay in the U.S. by virtue of her marriage to a Green Card holder, as her over-stay past her H1B expiration date could be deemed as violation of visa rules, which may deny her the Green Card ~ Neither can the brides from India or Canada (or other countries)can marry Permanent Residents in the U.S., at this time under an F2A, as it is taking an unduly long time for the spouse in India (and other countries) to join her husband in the U.S., complicated more by the two step filing process. This may be another reason why more and more Permanent Residents in the U.S. are reaching out to other Permanent Residents in the U.S. or U.S. citizens.
Question 4: We have two grandchildren in the U.S., who have just turned 21. Their Parents have been under H1B-GC (EAD) for a long time awaiting their green cards, and these 2 children who were under their Parents' H4, have turned 21 recently, and are no longer considered as "dependents" of their parents, because they are now over 21 ~ How will it work out for them and if they will ever get their green cards?!
Answer: H-4 Visa dependent children, "Aging out of Dependent Status"of their Parents' H1B~GC status are facing very uncertain times in the U.S., as they lose their "dependent" status, after 21 ~ another challenging and emotional turbulence being faced by their Parents here in the U.S. on H1Bs, with EADs. H1B visa holders who have worked in the U.S. for more than six years (under the old Obama Executive Order), could then apply for a green card for themselves and their dependent children.
Indian nationals, claim about 85 percent of the temporary visas for highly-skilled immigrants issued each year. H-4 visas are issued to the spouse and children under 21 of H-1B visa holders, with EADS. H-4 dependent children, the progeny of H-1B-GC visa holders, are no longer considered their immediate family relatives, after they turn 21. Neither can they claim the "privilege" under DACA (Deferred Action for Childhood Arrivals), a Program created by President Obama, as they are not "illegal" children arriving from Mexico, under that classification of DACA. So lot of confusion and uncertainty prevails in this area!
"However, even if a green card petition is approved by USCIS, it can take anywhere from 70 to 300 years for a highly-skilled Indian immigrant to be granted a green cards, depending on when their Petitions were approved", noted the Organization of Skilled Immigrants In America.
Question 5: Our daughter is graduating with a M.S. degree from the U.S.. in August 2018, transitioning into an Optional Practical Training (OPT) visa say by September 1 2018. While she is under an OPT visa for the next 18 -24 months, can she get married to a boy on an H1B visa, move to the boy's location, look for a job there and settle down with him in matrimony?
Answer: These days, H1B boys are very nervous about getting married to girls who are on OPT visas ~ their biggest concern and fear is what happens if she does not get to win the H1B lottery and transition into an H1B status? leaving her with "exit options out of the U.S.?" A second concern you should have about your daughter marrying an H1B, is that she will "lose" her OPT status immediately after her marriage and will convert herself into a H4 status, by virtue of her matrimony to him under his H1B, thus not legally permitted to work in the U.S. with her H4 status. I recently heard a story where the girl's parents transitioning into an OPT, immediately upon her graduation, got her married to a boy on H1B (to which the girl agreed unknowingly), and as she heard about her visa status change on the marriage day, she decided to "desert" the marriage, right on the night of the marriage itself! So, Parents, be careful to not rush into situations that can hurt your children! Always seek an immigration attorney's help and guidance in such matters!
An Update dated 4 May 2017 on OPT VISA
Our congratulations to proud parents of students graduating in Summer, 2018, whose parents have come all the way to the U.S. to join their sons and daughters graduating; enjoy the Graduation Ceremony, "a great spectacle of your life" and "their dream come true!!" Caution and Beware! Recent F1 Student Graduates sliding into an OPT (Optional Practical Training) visa this Summer and Fall!
TRANSITION OF F-1 VISA TO OPT RUNS INTO TROUBLE
(AS THE TRUMP ADMINSITRATION IS CLAMPING DOWN ON STUDENT VISA FRONT ALSO!)
According to new rules just issued by the USCIS, F1 visa students can be approved for an OPT ONLY if they are working on site or the premises of a Company (directly) who has sponsored them for the work-study period (OPT visa), thus blocking the ability of Tech staffing firms (who often hire and train them under an in-house training program for a period of time before eventually placing them with their clients, or lease (bill) their services to their clients, on a project for a fee), and/or Business Consulting firms, (who hire them and in turn, lease their services to their end-clients, at another location), among others; such hiring of students by Tech staffing firms, Indian Body shops and other Business Consulting Firms, with the purpose to serve their clients at different locations is now blocked by USCIS.
International students, just graduating this Summer and Fall, 2018, need to be wary of the new USCIS rules, just issued, before accepting an assignment, to conform to the above new rules, as any "transgression" during the OPT period, will come back to haunt them, when they "vie for an H1B visa! April, 2019. ~ "Caveat Emptor" in Latin means "Let the Purchaser Beware!"
Question 6: Our son is currently in the U.S. on an H1B. He plans to return to India eventually when his H1B expires, in another 3 years. Can he marry a girl who is also on H1B (eventually also planning her return to India) ~ And can they continue to stay in the U.S. with both of them working, with their current H1B status, without filing for a status adjustment with USCIS?
Answer: First of all, it is illegal. Also, the Department of State Bulletin dated September 1, 2017, has, among other things, clarified, that any non-immigrant's conduct that violates or is otherwise inconsistent with an alien's nonimmigrant status which includes, but is not limited to his/her: "Undertaking any other activity for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment", would be a violation of immigration laws." If caught, both of them could be deported and their future entry into the U.S. can be at stake!
You have to remember, it could present other challenges, such as (a) they may have to file their U.S. income tax returns as living together and filing separately; (b) what if the bride becomes pregnant during their stay in the U.S., and they have a child? How and who are they are going to declare that child's parents (mother and father) to be, to the hospital authorities, for naming? Would the child be termed as "born out of wedlock?!" Or some other serious thing happens?! I would certainly not recommend it.
Question 7: Our daughter has done her M.B.A., in the U.S. on H1B visa ~ She has been courted by a boy in the U.S. with a PhD Degree from the U.S., also on H1B visa ~ I understand those with PhDs from the U.S. can apply for their own green cards and get one faster? How does this program work and can it help my daughter in matrimony?
Answer: First of all, to answer your question, those who graduated with a PhD Degree from the U.S., particularly in latest and cutting edge technologies, do not need an employer-sponsorship for their Green Cards they can self-apply for their own Green Cards. Those who have completed their PhDs in the U.S., are therefore your best bets in matrimony, because they are eligible to a "fast track" Green Card issue, on the strength of their PhDs, if they can clearly demonstrate some proven track record in their fields, such as publishing papers in leading journals in their proven fields, have applied for and received Patents for their innovations from the U.S. Patent Office, such as in medicine, technology, defense related research projects (programs) and other research in cutting edgetechnologies that his employer can most definitely relate to his contribution to their growth and business development, that his services would be wanted and needed in product development, design, engineering, and new product launches, etc. and satisfy the six-point criteria established by the U.S. Immigration, they can receive their green cards, in approximately 9-12 months or so; and most importantly, as I said, they do not need an employer sponsorship for Petitioning their Green Cards; and they get "two for the price one" ~ meaning their spouses too can be included with their filing at the time of Petitioning for his GC! Most PhDs tend to remain on H1B as they complete the filings for GC, under the fast track program, and get married just in time before they are ready for their filings for I-485.
I also understand that the USCIS has become very strict with their criteria in granting the GCs for those PhDs, who really meet their six-point criteria ~ so be sure to engage an Immigration Attorney to help you with the self-filing process for GC. Reportedly, there are some very highly experienced immigration attorneys in the U.S., who have been successful in PhD GC filing processes, so investigate and get the most experienced attorney to do your filing, that has had a proven track record in this area, specializing on PhD's GC's. Talk to other PhDs that the attorney's firm has helped in GC process.
One other clarification on PhDs eligible to self-apply for GCs ~ ONLY those who have done their PhDs from the U.S. universities are eligible under the above program; those who are in the U.S. serving as Post-Docs, but with their PhDs from other foreign countries , usually coming to the U.S. under a J1 visa, are ineligible for such fast-track, self-filing of their own green cards, so beware, which PhDs you reach out to ~ more on that follows:
Question 8: J1 VISA ~ Our son, with a PhD degree from Indian Institute of Science, has gone to the U.S. on a J1 visa and is serving as Post Doc at an University, on research related work. Can he marry a Permanent Resident or U.S. citizen there and settle down in the U.S.?
Answer: J1 VISA which is also called EXCHANGE VISITOR VISA is usually given to M.B.B.S. doctors in certain State Hospitals where they are accepted for Residency/Fellowship, and/or to those with PhDs (PhD Degrees from foreign countries, coming to serve in the U.S. as post-docs) ~ (PhDs entering the U.S. to work on research projects and for M.B.B.S. Indian doctors to pursue higher education and training, such as Residency and Fellowship). The J1 visa, usually granted for 3 years, (extendable by another 3 years in the case of medical doctors), if they slide into a 2-year Fellowship program, comes with a caveat that the incumbent has, upon expiration of J1 visa, to return to his/her home country, upon completion of the research work as Post-doc and/or training (such as in Residency or Fellowship), or to another foreign country for a 2-year window, before they can seek re-entry into the United States. Called the "Conrad 30 Programe" the J1 visa program,originally launched in 1994, allows certain physicians who area trained in the United States on J1 visas to obtain a waiver of the two-year home residence requirement. In exchange for the waiver, the physician must work for at least three years, treating medically under-served populations in the United States, and also getting a No Objection Certificate to Return to India from the GOI (through various Ministries), still is a tedious and long-drawn process to go through! Often times, one does not recognize that J1 visa, does not allow one to change one's employer (sponsor) after arriving in the U.S; even the transfer of a J1 visa to dependent H4 of a H1B (in the event of marriage to a H1B) or to a Permanent Resident, often seems most strenuous and imposing! Often, you have to seek a waiver from one's home country (India) to get a "No Objection to Return to India" from the GOI, involving three or four GOI Ministries (Health,Home, NRI) entailing a most time consuming procedure to get the waiver going through the Indian Government red tape, shuffling the paper work from one Ministry to another (paying "bakshish" to babus at every turn) and often times, you don't get it just in time, when you need it most, just before the expiration of the validity of your J1, as you are getting ready to begin to work as a doctor serving in under privileged rural areas of the U.S., so as to eventually get a Green Card. In July 2017, we had heard that the GOI is clamping down on issuance of "No Objection (to return to India) Certificates" to Medical Doctors in the U.S. on J1 visas, (with one Indian doctor suing the GOI) ~ read the following news link:
http://timesofindia.indiatimes.com/india/govt-denies-visa-certificate-to-doctor-for-us-research/articleshow/59658004.cms
In my opinion, J1 visa holders are facing even more of a serious challenge in their matrimony to other type of visa holders in the U.S. such as H1Bs, Green Card holders and to even U.S. Citizens. No wonder therefore many H1Bs, Green Card Holders and even U.S. citizens do not want to get married to J1s because of the 2-year stipulation that they have to return to their home country and go to another foreign country, before seeking re-entry visa into the U.S. or to go away to a rural area in the U.S. to serving the under-privileged population. I know of one doctor who is working in Minot, North Dakota. One option for J1 visa holders to make their life easy would be to exit to Canada, seek job opportunities and matrimony in Canada, and settle down in Canada, as Canadian Immigration welcomes such highly qualified PhDs and Doctors.
As in every situation, there may be or can be an exception to every rule (above cited) in some specific individual cases but most U.S. Forums that I visited on J1s FAQs left the questionnaires lingering with no sound advice or answers! My advice to prospective Medical Doctor entrants to the U.S. is try to come to the U.S. on H1B visas by securing employment offers from private hospitals, rather than coming on a J1 visa, with a State Hospital sponsorship. However, I realize that it is not doable in all cases - if your employer, a State Hospital, generates an offer with a J1 visa, then the U.S. Consulate determines the type of visa you are going to get, based on your employer. If you are here on a J1, try job seeking and matrimony to someone in Canada, well ahead of the expiration of your J1 visa, for the two-year period that you may have to be away from the U.S., exploring re-entry options later! Please find below a link to a site that answers "Most Frequently Asked Questions?" that will probably give some answers to questions that your wards coming to the U.S. on J1 visas face in the U.
http://www.hooyou.com/j-1/j1_j2_visa_faq.html
Question 9: L1 VISA ~ Our son is on a L1 visa in the U.S. What are his choices and options for seeking matrimony to a girl already living in the U.S., as our son would like to marry a girl already living in the U.S.A. ?
Answer: L-1 VISA ~ employer moved (relocated) visa from one country to another, initially granted for a 3 year period ~ For instance Chennai or Bangalore offices of GE in India that allows him or her to come and work in their U.S. Home Office or Parent of that Company in the U.S ~ L1 is a non-immigrant visa ~ (L-2 is a classification for the dependents of L-1, such as spouse, children). L1 spouses can seek and get permission to work legally, however, to get an approval these days, might be difficult ~ unless of course the employer sponsors you for a GC within a year from the date of your arrival into this country! If not the filing time window may have expired. And in these days, employers are NOT filing Petitions for Green Cards for their L1s, as the U.S. Consul in Chennai, ( where all issuance of L1s for India are now centralized), is keeping a "tight reins" over grant of L1's. An employer is asked in his application filing, if he intends to sponsor for his/her green card eventually, to which the employer cannot answer "yes"! for fear that the Petition may be declined. The L1 visa is non-transferable to other non-immigrant categories while the incumbent is serving his employer in the U.S., (except that ONLY an employer may, under special circumstances, agree to sponsor the employee for a Green Card).
Under the L1 visa, the hiring employer, is not allowed place (depute) the L1 employees' services at third party client locations. The L1 visa terminates once your employer ceases to employ you or transfers you back to where one came from or to another affiliate in a third country or expires at the end of the first 3-year term, for which is usually granted; it is somewhat unpredictable as to when your job in the U.S. will terminate and/or when you will be transferred back to your home country or to another third country, at employer's will and choice! . U. S. Consulate in Chennai has become very tough in approving L1 Petitions. because many Indian body shops were abusing this visa privilege, by sending in their employees to work at clients' sites, violating the L1 rules! Unscheduled and unannounced site audits of businesses by ICE, have now become a common occurrence.
H1Bs do not wish to marry a L1s because usually they find it difficult to get a switch from their L1 to H1B status, neither can they convert themselves into a H4 ~ moreover, if an L1 were to be transferred in his/her job to another country, the spouse may not be able to leave the country (U.S.), particularly if he or she is on a H1B transitioning into a GC ~ hence the H1Bs and even Permanent Residents and U.S. citizens, usually shy away from L1s in matrimony. If, of course, the L1 employer has sponsored for a GC, then that is a different matter altogether! Even then it poses an uncertainty, until you get the GC in your hands, because if your job is terminated by the employer prior to your getting the GC in hand, you may not get the GC ~ as if the L1 does not have the "employer sponsored" job any more, he has to leave the country!
An ideal option for the L1s appears is to seek a bride from India but that is easier said than done! But then most brides seeking matrimonial opportunities from India are wanting to come here to settle down permanently for good, so they do not easily step up to L1 alliances either! (facing exit options to India or to other countries) when their L1s expire!
Question 10: G4 Visas - Our daughter is working for the World Bank in U.S., under a G4 visa! Can she marry a Permanent Resident in the U.S. and settle down there in matrimony?
Answer: G4 Visas are "non-immigrant" visas issued to foreign "diplomatic mission" employees stationed in the U.S., such as Indian Embassy, and those serving organizations like World Bank, IMF, WHO and United Nations! These are again "limited edition visas" in that once your assignment is completed, and you are transferred back to or re-assigned to your home country of the Government Agency for whom you are working, you will have to return to that country for good! G4 visas are not easily transferable., So boys and girls working for such agencies in the U.S. on a G4 usually have a difficult time in reaching out and connecting with potential suitors in the U.S., in matrimony.
Question 11: What are "O1" visas? How does it work?
Answer: "O1" Visas are designed for extraordinary ability or achievement candidates. Within "O1" visas, there are two types ~ O-1A and O-1B. Visa. Unlike the H1B visas, O-1 visas are not subject an annual cap. O-1A is for foreign nationals having "extraordinary ability" in the field of the arts, sciences, education, business or athletics. If in motion picture or TV production or an artist, the person may qualify for O-1B visa provided she/he has demonstrated a record of "extraordinary achievement" in that field. Sometimes, for artists, all that is required is a showing of "distinction". Thus, there are different standards under the O-1 Visa, under different fields in Arts, a broad classification.
It is important to know that O-1 visas are not limited to the above-mentioned categories of professionals. USCIS interprets the statute to encompass "any field of endeavor" including craftsmen and lecturers. Further, the term "arts" includes not only the principal creators and performers, but also essential personnel such as directors, set designers, choreographers, orchestrators, coaches, arrangers, costume designers, producers, make-up artists, stage technicians and animal trainers. Many Indians have ingeniously slid into O-1A visa program from their H1B taking advantage of broad interpretation of the above rules, but then one has to qualify for it professionally! You cannot be a software engineer and apply for a O-1 A visa!
More later on how it works for the spouses of O-1 visas coming to join them here in the U.S. from a foreign country, how they are classified, and if they are allowed to work and so on, as I have to do some research in this area!
MATRIMONIAL TRAFFIC FLOWING FROM CANADA INTO THE U.S.
Let us first examine the matrimonial traffic from Canada into the U.S. under different scenarios by various visa holders from Canada:
(a). Canadian Citizens and Canadian Permanent Residents reaching out to U.S. citizens in matrimony ~
Question 1: Our daughter is a Canadian Citizen, living in Canada, courting a U.S. citizen boy. Since Canadian citizens can travel to the U.S., freely without a visa, can she come to the U.S., get married to the U.S. citizen boy, who then can apply for her Green Card?
Answer: Hither to fore, it has been a standard operating practice for Canadian citizens to come into the U.S., as they can travel to the U.S., without a visa, stating the purpose of their visit was for "pleasure or visiting friends or relatives", then marry a U.S. citizen while in the U.S., as ("pre-planned" and "pre-conceived"), who then petitioned for her Green Card and got one for her and the USCIS has been routinely granting such Petitions in the past. In view of the above DOS bulletin dated September 1, 2017, (read Answer to Q 1 above), I would not recommend blatantly attempting the above step any more, as:
Canadian citizens, entering the U.S., getting married to a U.S. citizen, and then the U.S. citizen Petitioning for her (spouse's) "change of status filing" can now be interpreted as "willful misrepresentation and fraud" in seeking such a change in status with an to intent to circumvent immigration rules, to have the spouse join him (her) in the U.S. quickly, as (a preconceived intent) and hence the Petition can or may be denied. The Petitioner cannot deny the "preconceived intent" as the marriage and its registration, did not happen, all of a sudden, without such a "preconceived intent"! Moreover, USCIS can now also argue that such a purpose, namely getting married to a U.S. citizen, in the United States, was NOT revealed, to U.S. immigration officials in Canada, "as the true intent and purpose of her travel to the U.S., before boarding the flight in Canada for travel to the U.S."!
A right way NOW would be for the U.S. citizen boy to go to Canada, get married to her, come to the U.S. with a "marriage license" from Canada, and then file for a Green Card Petition in her behalf ~ a step that could take quite a while, before the spouse in Canada can join him in the U.S. But this way, she cannot be denied the visa, and is a safe bet!
(b) Canadian Citizens and Canadian Permanent Residents reaching out to Permanent Residents in the U.S. in matrimony ~ The Permanent Resident from the U.S., has to go to Canada, get married, return to the U.S. with a Marriage License from Canada and then file for his/her Petition with the USCIS ~ then the same procedure applies as Answer to our Q3 above. Indian Citizens (PR's) in the U.S. may require a visitor visa to enter the Canada.
Why am I asking the U.S. Citizen and Permanent Resident to go to Canada and get married over there? Just to prove the point to USCIS that the Canadian Citizen did not enter the U.S. with a "pre-conceived" to get married to a U.S. citizen or Permanent Resident, so the USCIS cannot "prove a pre-conceived intent"! to not disclose her "intent to marry" while entering the U.S.
Even though as a Canadian Citizen you can enter the United States freely at any time, once you are married to a U.S. Permanent Resident and your I-140 has been submitted, it may not be legal for the Spouse to enter or to stay in the U.S.,(and/or work legally), on a different visa status, until the Spouse actually gets the Green Card in his/her hands; any illegal entry and stay/work in the U.S. could be cause for denial of the Green Card by USCIS at a later date. Check with your immigration attorney on your specifics.
Another question has been asked by a Canadian Citizen: "Can I get married to a U.S. Permanent Resident, enter the U.S. after matrimony with a TN visa and join my other Spouse and live in the U.S., until I get my Green Card in my hands?"" NOT legal to do so, after your marriage to a Permanent Resident, particularly after he has filed for your I-140. If your I-140 is in the USCIS computer system, and then if you filed for a TN visa, USCIS computer system can quickly corroborate that and you could be caught! This could be deemed as a violation by the USCIS of immigration rules (circumventing the Immigration Laws), and eventually a Green Card may be denied!
However, if some Canadian citizen has already been living and working in the U.S. under a TN visa, and gets married to a U.S. Permanent Resident, the Spouse may remain in the U.S. until the validity of the TN visa expires - then she may have to go back to Canada and NOT attempt to extend its validity, and return to the U.S., when the Green Card is actually received. (Check on your specifics with an Immigration Attorney, on this matter). As any "deemed visa violation" on your Spouses part, can eventually lead to a "denial" of a Green Card, (when the USCIS checks your Passport at the time of final interview for your Green Card).
It is taking several years for brides from India, Canada, and other countries to finally connect with their husbands under a Green Card, in the U.S. So, I would ask all Parents to weigh in on this option before connecting with someone in matrimony, who is a Permanent Resident in the U.S. with a (Green Card) Status. Marrying a Permanent Resident and coming to the U.S. in matrimony is not as easy and as simple, as anyone from U.S. or India, marrying a Canadian immigrant (Permanent Resident) and moving up there ~ there are great barriers (procedures) to enter in the U.S., via matrimony.
(C) Canadian Citizens reaching out to Indian citizens, in the U.S., on H1B visa (not sponsored for a Green Card or "Green Card Not Applied For").
If a Canadian Citizen gets married to an Indian Citizen in the U.S., on a H1B, and the Spouse in the U.S. files for a "Status Adjustment" for the other Spouse, then the other Spouse will automatically convert herself into a H4 Status, not legally permitted to work in the U.S. (even though she may be a Canadian Citizen).
(d) Also, if a Canadian citizen has already been living and working in the U.S. under a TN visa or a H1B visa, and gets married to an Indian Citizen on a H1B (not sponsored for Green Card), the Spouse may not be able to work legally in the U.S. because of conversion of her status into a H4 in matrimony to a H1B visa holder. Please do not attempt to circumvent the rules by continuing to work on your TN visa, as your visa status has changed to an H4 from TN, and the USCIS computers are smart enough to corroborate this, when a filing is made by your Spouse re: your matrimony to US immigration. As any "deemed visa violation" can deny re-entry into the U.S. at some point in the future. Check on your specifics with an Immigration Attorney, on this matter).
(e) Canadian Citizen reaching out to Indian Citizen in the U.S. on a H1B visa - transitioning into a Green Card (H1B-GC) with an approved ETA-750 Labor Certification (waiting to file for an I-140, or with an I-140 approval "Green Card Applied For":
Answer: Not recommended at this time, for reasons explained, read Answer to Q2
(f) Those in Canada, Indian Citizens, on a Work Visa and or on a Student Visa ~ courting Permanent Residents (Green Card Holders in the U.S.) in matrimony:
Answer: Not recommended, read Answer to Q3 for reasons enumerated.
(g) Those in Canada, Indian Citizens, on a Work Visa and or on a Student Visa ~ courting Indian Citizens on a straight H1B visa in the U.S. (Green Card Not Applied For)
Answer: Not recommended, H1B spouses will covert to H4 status and cannot work in the U.S. legally
(h) Those in Canada, Indian Citizens, on a Work Visa and or on a Student Visa ~ courting Indian Citizens on a H1B visa in the U.S. (transitioning into a Green Card), from H1B~GC, with a specific ETA-750 Labor Certification Approval (waiting to file an I-140 (Intent to become an Immigrant OR with an I-140 approval, meaning "Green Card Applied For" as they are called!
Answer: Not recommended at this time, read Answer to Q2.
MATRIMONIAL TRAFFIC FLOWING FROM THE U.S. INTO CANADA
I see Canada welcoming one million Immigrants between 2018 ~ 2020; as most other countries are tightening their "noose" on immigration, Canada seems to be getting ready to welcome one million of them between 2018 ~ 2020. As U.S. saw "gold rush" in the last century, every body said, "Hey Man, Head West!" I am now saying, "All Men (and women), head North" to Canada ~ therein lies your opportunity"! with very easy pathway to immigration for all! More importantly, with least amount of restrictions in entry, to work, etc.
(a) U.S. Citizen Brides wishing to relocate to Canada in matrimony ~ Celebrate the marriage in the U.S., get a "marriage license" from the County where you got married, let your husband go back to Canada, and file for your papers join your husband in Canada after the Canadian immigration approves your petition.
Even though U.S. citizens can travel to Canada without a visa, travel to Canada after matrimony is NOT recommended, until you get the Canadian immigration approval (to enter Canada), so you are not in violation of any Canadian immigration rules.
(b) Permanent Residents (Green Card Holders) from U.S.A. wishing to migrate to Canada; follow the same procedure outlined in (a) abov
(C) Those (boys) in the U.S. on H1B visas (not sponsored for Green Cards) who face "definite exit options" from the U.S. when their H1B term expires: These boys are highly educated, well experienced in jobs and training, intellectuals, seeking a foreign land to settle down, Canada, U.K. Europe, Australia, NZ, Singapore, wherever the job opportunities can take them to, as most of them are not eager to return to India for good, and are therefore potential "suitors" for brides seeking matrimony from Canada, as Canada offers them a "safe heaven" and an easy pathway in migration in matrimony to Canadian Citizens, Permanent Residents and to those even on Work Permits. Similarly, for brides from India, in the U.S., on H1B (not sponsored for Green Cards) (not successful in reaching out to and connecting with U.S. citizens, Permanent Residents and those on H1B transitioning into Green Cards (H1B-GC), in the U.S., whose "clock is ticking on their H1B term", Canada holds some very good opportunities in migration in matrimony. There are no limitations imposed by Canadian Immigration, barring spouses from seeking job opportunities and to begin working as long as you can find that job you like with a job offer, like in the U.S. where spouses of H1Bs are not legally permitted to work!
(d) Those on H1B in the U.S. whose Petitions have been approved for Green Card (transitioning from H1B-GC) ~ migration in matrimony to Canada might be a good alternative, if President Trump disapproves H1B-GC Petitions or withdraws their Extensions. Read Answer to Q2 above.
(e) For those who have entered the U.S. on a J1 visa with a PhD Degree (from India or other foreign countries), working as Post Docs and Research Scholars (with a definite option to exit the U.S. when their J1 term expires), seeking brides from Canada in matrimony, would offer them Permanency of married life in Canada, as Canadians too are looking for such exceptionally qualified and well-educated partners. Canadian brides are ready to seek out and embrace the J1s from the U.S. in matrimony! Solving their matrimonial problem in the U.S.
(f) Those in the U.S. with a PhD Degree (earned in the U.S.A) whose Green Cards have been denied by USCIS ~ you may want to consider relocation into Canada in matrimony, as there are many brides in Canada seeking such highly educated and qualified professionals on an H1B, (facing exit options).
3. Canadian Citizens in the U.S. on TN, H1B and J1 Visas:
3 (a) Those Canadians who are Medical Doctors on J1 visa in the U.S. undergoing Residency and/or Fellowship Programs, they face a return exit option to Canada upon completion of their Residency or Fellowship, for a period of 2-years, before seeking a re-entry into the U.S., unless they can obtain waivers from the Canadian Government, and serve as Medical Doctors in rural hospitals in the U.S. for a period of 3 years, to qualify for a Green Card Application, yes it is possible, but a long and time consuming procedure! Prospects reaching out to Canadian Medical Doctors in the U.S. on J1 visas, must seek and get an exact clarification on the status of compliance of J1 visa requirements in the U.S. before deciding to "tie the knot"!
3 (b) Canadian Citizens in the U.S. on TN and H1B Visas ~ are easily embraced in matrimony by U.S. citizens as U.S. citizen brides and grooms are seeking out someone like them, born and raised in the West, as there is a good blending in of the two cultures easily. Canadian Citizens on TN and H1B visas cannot easily marry those who are on H1B Status (not transitioning into a Green Card), as they would convert themselves into a H4 status by marrying someone who is on a straight H1B visa (and can no longer work under that H4 status in the U.S.), unless their objective is to get married to a bride from the U.S., and take her home to Canada, giving her Canadian Green Card or immigration.
DISCLAIMER: In the U.S. only a practicing Immigration Attorney can give legal advice on immigration matters; I am not a qualified and practicing Immigration attorney, thus cannot give specific advice on immigration matters! What has been discussed above, by way of sharing immigration information, is based on broad general guidelines obtaining (only) and may not apply to specific individual cases unique to them ~ exceptions to every immigration rule always apply but those are ONLY exceptions to specific individual cases and are not general, applicable to all, so you should contact an Immigration Attorney on your specifics.
www.globalmatri.org offers a networking opportunity to all parents receiving this newsletter, seeking matrimony for their wards - we are your matrimonial exchange bureau, providing you with leads of brides and grooms, whose parents, just like you, are seeking matrimony for their sons and daughters. Subscribing Parents registered with us can reach out to other Parents by obtaining their contact information through www.globalmatri.org. Because so many NRI Parents located in remote parts of the world are unable to handle all of this by themselves, we have enlarged the scope of our services tailor-made to your special needs and requirements.
We are in touch, so you be in touch! Let us bring about a wedding celebration in your family soon,
Sashti Srinivasan, Founder
3614 Columbia Boulevard
Garland, Texas 75043-2246 U.S.A.
Tel: 1-972 840 3495
E-mail: sashti@globalmatri.org
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