Advancing Priority Dates and Marriage

As most people now know, the Priority dates of Second Preference for India and China are advancing rapidly, and many people with Priority dates in 2010 can file their I-485s.  This has presented a small but important problem for Indian beneficiaries. Many of them are young , unmarried and will get married through the traditional  arranged marriage system.  Under the traditional Indian system mixing between girls and boys are frowned upon. Usually the families pick out several  ‘suitable mates”, the prospective bride and groom talk to each other, decide as to who to marry, and if both parties are willing, they get married. 

 

With their child in America, working on the H-1B visa, and many of them not visiting India because of the highest rates of H-1B visa denials from the consulates in India, many parents were reluctant to start looking for a suitable mate for their children. Yet the looming prospect of getting their Green cards fast has produced a rush.  

 

This is because almost every immigrant visas in the United States depend on per country quotas.  And the wait for  a green card holder from India to bring in their spouse is currently almost three years.  That means that once the beneficiary gets the green card,  and before they become a citizen, (in 5 years)  if they marry, they cannot bring in their spouse for 3 years. This of course creates a lot of strain especially in an arranged marriage situation for the newly weds. 

 

If they have their H-1B , they have to go to India, get their visas (a huge If in Indian consulates) get their spouses an H-4 visa and come back and file for adjustment of status for their spouse. Deciding to marry one person from the list given to them by their parents in a hurry can be harrowing. 

 

If they don’t get the H1B visa, the beneficiary can travel back with the travel permit, wait and get their Green card and then file a following to join petition. In this situation, the green card holder can file a following to join application, once he gets the Green card, but cannot travel during the process.  This is also not easy. 

 

Unfortunately such is the price of US Immigration. 

 

 

Contact Houston Immigration Lawyer, or  Houston Immigration Attorney  Annie Banerjee, for more information

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