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  • Fiance planning to appy for H4 visa

    Hey Everyone,

    Needed your opinions on a topic.
    I am on H1 visa and my fiance who is in india is planning to apply for an H4 visa after we get married. She is also a doctor and is planning to give one of the USMLE exams.
    So am wondering if there will be any issues when she gives her visa interview. She doesn't plan to work on H4, just study, give exams. Given that she is a doctor in India, i am wondering if the VO will have any issues with the H4 visa?
    Advice appreciated. If anyone has gone through any such experience please let me know as well.

    Thanks,
    miki

  • #2
    Originally posted by mickeyj26 View Post
    Hey Everyone,

    Needed your opinions on a topic.
    I am on H1 visa and my fiance who is in india is planning to apply for an H4 visa after we get married. She is also a doctor and is planning to give one of the USMLE exams.
    So am wondering if there will be any issues when she gives her visa interview. She doesn't plan to work on H4, just study, give exams. Given that she is a doctor in India, i am wondering if the VO will have any issues with the H4 visa?
    Advice appreciated. If anyone has gone through any such experience please let me know as well.

    Thanks,
    miki
    if she's administering exams that's a good sign that she could be paid and it could lead to trouble, I'd recommend she apply for h4 with EAD, but in the end it's up to the VO to determine is she's eligible for the visa. Best of Luck
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

    Comment


    • #3
      Originally posted by krypton9591 View Post
      if she's administering exams that's a good sign that she could be paid and it could lead to trouble, I'd recommend she apply for h4 with EAD, but in the end it's up to the VO to determine is she's eligible for the visa. Best of Luck
      Not everyone is eligible for H4 EAD. The H1 holder must satisfy certain criteria for the H4 EAD to be granted.

      To the OP: Whether your fiancee is a doctor or not, anyone can choose to work/ not work (legally or otherwise) after being granted a H4. So that will not figure in to the VO's decision making process. For a H4, the chief points of interest for the VO would be: Is the marriage/relationship legitimate/bonafide? Are there problems with either how the H1 holder got his/her visa/admission in to the US and if the relationship basis for H4 is on firm legal grounds.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Originally posted by krypton9591 View Post
        if she's administering exams that's a good sign that she could be paid and it could lead to trouble, I'd recommend she apply for h4 with EAD, but in the end it's up to the VO to determine is she's eligible for the visa. Best of Luck
        Thanks for the info. I think you can only plan to apply for EAD once you are in US. the interview can only be for h4

        - - - Updated - - -

        Originally posted by scientist2016 View Post
        Not everyone is eligible for H4 EAD. The H1 holder must satisfy certain criteria for the H4 EAD to be granted.

        To the OP: Whether your fiancee is a doctor or not, anyone can choose to work/ not work (legally or otherwise) after being granted a H4. So that will not figure in to the VO's decision making process. For a H4, the chief points of interest for the VO would be: Is the marriage/relationship legitimate/bonafide? Are there problems with either how the H1 holder got his/her visa/admission in to the US and if the relationship basis for H4 is on firm legal grounds.


        Thanks for your response. I think you are correct. I think primary focus for them should be our relationship and validity of marriage and obv my h1 status.
        I was just worried that she did plan to self study for USMLE exams at home and if she mentions it would that be an issue.

        Comment

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