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Applying for H1 then marrying spouse, process to H4

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  • Applying for H1 then marrying spouse, process to H4

    Hi,
    I received a job offer to come work in the us on H1.
    I was explained that I need to file the request for H1 on April 1st, however I plan on marrying my fiancee in June.

    Should I apply as being single?
    Will there be any issue for my fiancee to acquire the H4 after we are married?
    Will she be able to receive her H4 at the same time as I receive my H1 visa?

    Is this process problematic in any way? being the fact that I apply as single and become married shortly after but prior to actually recieving the h1 itself?

    Thanks in advance!

  • #2
    Originally posted by uscouple View Post
    Hi,
    I received a job offer to come work in the us on H1.
    I was explained that I need to file the request for H1 on April 1st, however I plan on marrying my fiancee in June.

    Should I apply as being single?
    Will there be any issue for my fiancee to acquire the H4 after we are married?
    Will she be able to receive her H4 at the same time as I receive my H1 visa?

    Is this process problematic in any way? being the fact that I apply as single and become married shortly after but prior to actually recieving the h1 itself?

    Thanks in advance!
    I see no issues. Even if you apply for H1 in April 2014, it wont start till 01-Oct-214 and you anyhow would not be able to travel before Sept 2014 end.

    First a US based company will petition for employing you on H1 in April 2014 by providing your credentials and their requirements. The petition approval can take 3-6 Months. Am assuming you would be married off by that time. If the petition gets approved, you will fill a DS-160 form online for yourself, and another for your spouse, to attend interview at a US consulate in your home country. Best case you will go for fingerprinting at an OFC center and then attend interview with your spouse somewhere in Aug-Sep 2014 . If H1 is approved and H4 for your spouse you will both get your passports stamped with H1 and H4 visas respectively. Only then you can travel to US. This is very brief process, read around in this forum and experiences section for more detailed information.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks for the input, its been very helpful! I will submit as single and complete the H4 after we get married.

      Originally posted by raghvi View Post
      I see no issues. Even if you apply for H1 in April 2014, it wont start till 01-Oct-214 and you anyhow would not be able to travel before Sept 2014 end.

      First a US based company will petition for employing you on H1 in April 2014 by providing your credentials and their requirements. The petition approval can take 3-6 Months. Am assuming you would be married off by that time. If the petition gets approved, you will fill a DS-160 form online for yourself, and another for your spouse, to attend interview at a US consulate in your home country. Best case you will go for fingerprinting at an OFC center and then attend interview with your spouse somewhere in Aug-Sep 2014 . If H1 is approved and H4 for your spouse you will both get your passports stamped with H1 and H4 visas respectively. Only then you can travel to US. This is very brief process, read around in this forum and experiences section for more detailed information.

      This is my opinion not legal advice.

      Comment

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