DS 160 Questions: Please Help

[madz]

I have an approved H1-B for 3 years. Planning to attend visa stamping along with my fiance for H4 for the first time ( He had 2 f1 rejections earlier). My fiance is currently working in africa for a project.

1)While filling H4's DS-160 form, it asks for person paying for the trip for my Spouse, Should I mention my(h1) details there or specify self( h4 ) in that section as he is currently working. If i specify my spouse is sponsoring for his own trip do I need to show his bank documents, IT returns and etc.?
2)Is it a good idea to specify duration of Stay in Usa for my spouse as 1 month or 3-4 months?, though i have an approved h1-b for 3 years. Would like to specify lesser duration because they may think my spouse would be a potential immigrant. Please help.

[raghvi]

I have an approved H1-B for 3 years. Planning to attend visa stamping along with my fiance for H4 for the first time ( He had 2 f1 rejections earlier). My fiance is currently working in africa for a project.

1)While filling H4's DS-160 form, it asks for person paying for the trip for my Spouse, Should I mention my(h1) details there or specify self( h4 ) in that section as he is currently working. If i specify my spouse is sponsoring for his own trip do I need to show his bank documents, IT returns and etc.?
2)Is it a good idea to specify duration of Stay in Usa for my spouse as 1 month or 3-4 months?, though i have an approved h1-b for 3 years. Would like to specify lesser duration because they may think my spouse would be a potential immigrant. Please help.

When you say Fiancee does it mean you two are still not married? If you two are not married at teh tiem of the interview you cant apply H4 for him.

1. As H4 is dependent visa, ideally the primary H1 holder should be the one sponsoring the trip. But yes you can mention that spouse is sponsoring his own trip. Spouse has to be prepared to show IT papers in case of self sponsorship.
2. Dependent visa when approved can stay as long as primary visa holder maintains legal status. Hence the duration can be equivalent to yoru H1 duration too. Both H1 and H4 are dual intent so no harm in them thinking that your spouse can be a potential immigrant.

This is my opinion not legal advice.

[madz]

Hi,

Thanks Raghvi for your prompt reply. I really appreciate it.

We are not married now, but we would be married at the time of the interview and have the marriage certificate. I am filling the DS form ahead of our marriage, since we have to block an interview slot for both of us and am indicating in the DS form as "Married" in our marital Status as entering his details in my spouse section and also entered my details in his spouse section.

1) Which one is safer in terms of trip sponsorship.(me or spouse doing self)?
2) My spouse would have a letter from his employer indicating that he is expected to return back to work after a long vacation post wedding and trip to usa, that's why wanted to mention short duration. Would they accept this , as this would be long distance?

Just trying to be on safer side, so that we both have the stamping

Thank you

When you say Fiancee does it mean you two are still not married? If you two are not married at teh tiem of the interview you cant apply H4 for him.

1. As H4 is dependent visa, ideally the primary H1 holder should be the one sponsoring the trip. But yes you can mention that spouse is sponsoring his own trip. Spouse has to be prepared to show IT papers in case of self sponsorship.
2. Dependent visa when approved can stay as long as primary visa holder maintains legal status. Hence the duration can be equivalent to yoru H1 duration too. Both H1 and H4 are dual intent so no harm in them thinking that your spouse can be a potential immigrant.

This is my opinion not legal advice.

[raghvi]

Hi,

Thanks Raghvi for your prompt reply. I really appreciate it.

We are not married now, but we would be married at the time of the interview and have the marriage certificate. I am filling the DS form ahead of our marriage, since we have to block an interview slot for both of us and am indicating in the DS form as "Married" in our marital Status as entering his details in my spouse section and also entered my details in his spouse section.

1) Which one is safer in terms of trip sponsorship.(me or spouse doing self)?
2) My spouse would have a letter from his employer indicating that he is expected to return back to work after a long vacation post wedding and trip to usa, that's why wanted to mention short duration. Would they accept this , as this would be long distance?

Just trying to be on safer side, so that we both have the stamping

Thank you

Who is paying for your spouse's visa cost? The flight ticket? Health insurance coverage while in US? Rent etc while in US? If he is paying for all this he should be the sponsor. If you are paying through your employer, your employer would be the sponsor. As said earlier, on an dependent visa it generally is the primary visa holder or their employer who is the sponsor.

They may not even ask your spouse for a letter from his employer. They may ask what he plans to do but he can say that he intends to be with you for the duration of his leave and return back to work if that is the truth. If he intends to stay the whole duration as long as you are there that's what you have to mention.

As long as you get your H1 there is very little chance your spouse doesn't get H4 unless he has done some illegal work or is working for Defence/Chemical/Biological etc areas which might have additional processing. Always be truthful in the DS-160. I dont see any risk in you being truthful.

This is my opinion not legal advice.