Need urgent help with options!!

[krish]

Hi..

My CP interview has been scheduled for the 30th of November at the chennai consulate. I am single and recently heard about the repurcussions of getting married after obtaining a GC. so my questions are:

1. Can I postpone the interview(so I can get married before the interview)? Is this advisable?

2. In the event that I actually do get married before the 30th of November, is it possible for me to add a spouse to my interview? If so, what do I need to do? associated risk would also be really appreciated..

as you can tell, I am in a bind, and need some serious advice/info on options.

Thanks

Krish

[Xkuger]

Need urgent help with options

I found this posting and cut and pasted it as response. This is from another poster who actually went thru the CP interview

Post:

"In my interview, the consular officer stated to me..If I wished to marry and take my spouse to USA as a green card holder, I could do so after my interview but before LANDING USA. A second interview before landing USA will be scheduled for the spouse. Additional documents (marriage ceritificate, etc.) will be asked to be produced during the second interview. "

What this means is.

1. You do not have to postpone your interview ( I suggest you should not).
2. You can get married after and send documents to schedule an interview at the consulate ( Need to call the consulate ask for doc & process).
3. Once you have done the interview you have a max of six months before which you have to return to the US.
4. I don't think there is any risk, only a possibility of a delay in interview for your wife.

So if you are married before you land here in the US, you should be fine.

[krish]

Thanks a ton XKuger..

Have a follow-up question.

I cannot get married in the next few months, so my lawyer has asked me to apply for an postponement of the interview to Feb or March 2001. If that works, then I have bought myself some time..

She said that if they had trouble doing that, I could still file for adjustment of status.. the implication would be that I would have to stick with my employer for another 6 months atleast, but that's fine because I like my current job..

Will there be any issue if I do this? any comments/suggestions?

Thanks

Krish

[hup12]

krish,

So, do you mean (actually your lawyer) to say that even after sending packet-3 to the consulate, you can file for AOS (I485)? What would happen then? Like the delay in getting file back from consulate to INS? Please reply.
Thanks.

[Xkuger]

Need urgent help with options!!

What he means is that he can recall his file and then go for an AOS. Its going to take a while before the file gets shipped back ( Want's to use that time delay as a delay to his advantage).

Personally, I would suggest to rule that out as moving files, back and forth is too much risk. You are better of postponing you interview or delaying the P3 (whichever is the best option).

Its true that the GC should not run your life and personal life decision/events need higher priority but why not explore an earlier registered marriage if things are finalized.

When I had a chat with my attorney, he strongly advised me that marriage before delivering P3 was best. Apparently it does not apply for me as things did workout with finding the right person.

So give it some serious thought with respect

1. How close are you to the CP interview
2. How much time do you have on H1.
3. How long does file movement back take.
4. How definitive you are on your marriage.

so best of luck.

[rks125]

Make sure you get married before you Enter the U.S. As XKuger said, you can get married AFTER the interview but BEFORE you enter the U.S. I hope you know that if you marry a non-US citizen or GC holder after getting a GC then currently it is taking about 5 years(for India) for your wife to get her GC. This time period will only increase in the future.