Don’t fall in Love, Obtain your visa first
-Sudhir Shah, Advocate, Mumbai

Migration is inevitable for those who fall in love with someone residing in a country other then their own. This was ok till the First World War after which it became necessary to obtain a visa to travel to a foreign country. Obtaining a visa too, was relatively simple till 50’s. In the later part of the 19th Century for several reasons, including that of terrorism, it became difficult to receive visa, particularly, of advance and effluent countries. Most difficult of them being visas of America – the Country of Immigrants. The situation became still grave after the terrorist attacks, laid by Osama Bin Laden, upon the twin towers of the World Trade Center in New York.

As it became more and more difficult to receive a visa, people started resorting to more and more malpractices in applying for a visa which in turn made it more and more difficult to receive a visa. Thus a vicious circle started.

Upon marrying a citizen, it was easy and quick to receive the visa of that country. Hence people started contracting fake marriages. Marriage, only for the purposes of gaining entry into a foreign country. These laid to the imposition of several restrictions. America attracts the whole world and the number of fake marriages in the country of George Washington - the champion of truth and honesty, also increased manifold. America therefore had to enact the Marriage Fraud Amendment Act 1986 which imposed a penalty and jail sentence for those found involved in fake marriages.

Globalization also increased the number of migrants for trade and education purposes which in turn increased the number of inter-country marriages, which resulted in long delays in processing petitions for visa based upon the relationship of marriage. In many cases the waiting period is as long as 5 to 6 years. It has therefore become necessary before marrying or still better before falling in love with a foreigner to find out how long you will have to wait to receive the visa to enter the country of your loved and married one’s.

If you marry an American Citizen you become eligible to fall in the definition of immediate relative and your immigrant visas are not restricted by any quota numbers. Yet it may take 8 months or more for your petition for an immigrant visa to be processed and approved. Marrying a Green Card Holder (the nick name of Alien Registration Receipt Card issued to people who qualify to permanently reside in America) enables your US Green Card Holder spouse to sponsor you under Family IIA Preference Category which is restricted by quotas and currently for Indians the waiting period is almost 5 years.

Marrying someone who is in America on H-1B visas meant for specialty occupation professionals or a Manager / Executive / Person with Specialized knowledge who has been transferred as an Intra-Company Transferee Employee on L-1 visa makes you eligible to receive Dependent H-4 or L-2 visas. Similarly foreign students on F-1 visa in America are permitted to invite their spouse on F-2 visas. Many other categories of Non-Immigrant visa holders are also permitted to invite their spouse to stay with them in America on dependent visas. Indians therefore today prefer to marry either an American Citizen or an Indian with Non Immigrant visas which permit dependent visa for the spouse but cupid makes no such distinction and may make you fall in love with a person after marrying whom you may be forced to wait for indefinite periods to receive the visa to unite with the person residing in America. It is therefore advisable to know the legal status to obtain a visa before falling in love with a foreigner.