Legal Question in Immigration Law in Kentucky
immigration
I have been
in the USA for the past twenty-seven
months. I currently have a c1d visa
(not related to land) and I have
entered the country legally. Upon my
entry, I received an i-95. They
stamped a c-1 instead of a C-1d. I
now want to marry a girl whom is 19
years of age and is an American
citizen. Is there anyway I can stay in
the USA and marry her. If so may I
apply for a green card or do I have to
go my country which is, India. If I
must go to my country, what will be
the procedures be. Can you please
assist me with this matter?
Thank you in advance,
Simpson
1 Answer from Attorneys
Re: immigration
Simpson you have a good inquiry. Briefly, first of all, if you entered legally on a C1D (combination transit and crewman visa), that is good; unfortunately, you cannot adjust your status in the U.S. even if you are married to a U.S. citizen. In fact, I believe it is the only nonimmigrant visa that does not permit such adjustment. On the other hand, things are not so dismal. If your fiance files a fiance petition for you, and you are interviewed at the U.S. Embassy and can prove that you both know each other well enough to consider marriage, and you intend to marry within 90 days of your entry, there is a good possiblity that you will be granted entry on such a visa. Unless the law changes, or you qualify under the old Sec. 245i regulations, you must return to your country and reenter on another type of visa. Our office is very familiar with fiance visas from U.S. Embassies all over the world. Any questions, don't hesitate to contact my office for a telephonic consultation if you have more questions. Good luck!
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