DS 156 Question #17 and 37

[aurs]

All,

I'm permanent resident and my wife is a H1-B visa holder, we got married early this year in India and have not yet registered our marriage, she has not changed her last name anywhere and she still claims as single on her Tax returns. my wife had to leave to India for family emergency and now she has to go for a renewal of H1-B as her visa expired.I have the following questions :

1. On DS156 form can she check single about the Marital Status question # 17
2. and for question # 37 can she answer NO where the questions about any of the following either Spouse,parents or brothers and sistes are LAWFUL PERMANENT RESIDENT OR U.S CITIZENSHIP holders. will this affect the outcome of the Visa?

Please let me ASAP as my wife is planning to go for a Visa renewal next week.

Thanks
Umesh

[txh1b]

If you are married, all documents should be answered truthfully. If you answer incorrectly, it is fraud and will cause more problems for you. I am not sure what and why you are trying to hide here. Amend the tax returns to married and do not lie. There is no reason to at all.

1. No
2. No

H1b is dual intent visa and having a GC spuse is perfectly fine and acceptable. Do not dig your own grave by lying on the visa application which could even lead to deportation during her GC or naturalization.

[txh1b]

There was a poster that had tried the same gig for a F1 visa and had more sleepless days because of it. Look for her posts.

[aurs]

As H1-B is an independent application, I was told as long as she doesn't claim any benefits of a dependent then she claim any marital status.

I'm just confused. Please help me out here.

Thanks

[txh1b]

As H1-B is an independent application, I was told as long as she doesn't claim any benefits of a dependent then she claim any marital status.

Marital status has got nothing to do with claiming any benefits. It falls under hiding a material fact and will cause bigger issues. Stop listening to whoever told you that.

[aurs]

if my wife answer Married for question #17 and yes spouse is a permanent resident for question #37. so what proof do we need to submit when consular officer requests that she is marired?

Thanks
Umesh

[txh1b]

if my wife answer Married for question #17 and yes spouse is a permanent resident for question #37. so what proof do we need to submit when consular officer requests that she is marired?

Thanks
Umesh

They will not ask for the proof as she is not coming here on a dependent visa. If asked, couple of pics would suffice.