H4 Visa question

[jptalledo]

Hi

I receive my i-797a extension but I am getting married in Mexico in October, and after that I will make an appointment to go to the interview with my wife which it is ok for the mexican consulate if I made the appointment before I am married.


But they told me my future wife needs to bring a I-797 derivative, and I dont know what is that document even my employer's lawyer does not know. He told me to bring my I-797 and w2, paystubs, employment contract, etc.

So anybody knows which document they are refering to or what can I do to avoid problems in the visa's interview.

JP

[DMX17]

I think they are referring to your I-797. There is no way your future wife could have an I-797.

[jptalledo]

H4 Visa Question

I talked with a friend and she told me that the US Consulate in Mexico City is refering to the I-797 that she will receive when I fill the I-539 form, is that correct? I need to do that? because I am going to the interview few days after my wedding..

JP

[DMX17]

Is your wife here in the U.S or Mexico? If she comes with an H4 visa, why would you file an I-539?

Here is what I think you need to do: After you get married in Mexico, send her for an H4 interview with your I-797a (extended) along with other documents. She get the H4 and you and her enter the U.S. on H1/H4. Where does the I-539 come in from?

[jptalledo]

H4 Visa Question

Dear DMX17

She is in Mexico right now and we are getting married in Mexico City. But as you mention the US Consulate at Mexico City ask me for the I-797 for her, which I dont have it because my employer fill my i-129 as a single and I receive the I-797A only for me.

What I need to do to be able to receive a I-797a (extended - including her)?
Another I-129???


I mention I-539 maybe in the case I bring her to US after the marrigage and she enter with her B2 visa and then change it to H4,

Please give some advice

Thanks

[txh1b]

For a new H4 applicant, I797 is not needed. May be they are talking about for extensions.

[jptalledo]

H4 Visa Question

I understand that and also my employer's lawyer told me that.

But for requesting the appointment, the ask me for her I-797 ( the WAC xxx xxxx number) and I explained that she will be my wife and my I-129 was filled as a single and I already got my I-797a.

What could be the best answer if they ask her for that?

Please give me some advice. What can I do?

Thanks

JP

[txh1b]

They are asking for your petition number, not hers. VO WILL NOT ask for hers. They know the rules. Probably, the cleark or whoever is asking for it does not know.

Provide your I797 WAC/EAC/LIN/SRC number.

[jptalledo]

H4 Visa Question

Thanks txh1b

My lawyer told me too that maybe they are thinking that she already is my wife and she could have the H4.

So in the worst case if they ask me for her I-797 extended or derivative I should answer that I just get married and i got my I-797 before getting married? that could be a good answer or what can I say??


Thanks

JP

[jptalledo]

H4 Visa Question

Another questions I have is the following:

I am planning to getting married and then go with my wife to the interview.

Or I need to get my visa first and then after the wedding she can go alone?

Thanks

JP

[txh1b]

It can be done either way. They will not ask for her I797 and if asked, you can say she is applying for H4 for the first time.

Once inside US< when H4 gets extended along with H1, that is when a H4 gets a I797.