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  • H4 Visa for recently married couple

    If a couple are recently married (less than 1-2 months) and the husband is on a H1-B, will there be any problems in the wife obtaining a H4? Is there a recommended time period?

    Also, may there be problems if the wife was rejected for a Tourist visa before because at that time the fiance was working in US (3 months ago)??

    Is there a recommended time period to apply, or is it true that if there is a change of status (marriage) that the application process can be started fresh?

    Are there any requirements u need to fulfil so they accept you?? i.e. if you are working in home country will they view it as you may want to work in US?? How do you prove that you are dependant if you are a young, educated couple, or do they not care that you look for work once you are there?

    Thank you

  • #2
    Can someone help me?!?!

    Could someone pls help me with what I wrote above.....any similar experiences?

    We do not want to be separated for long!!!

    Comment


    • #3
      Hi,
      To answer your questions in brief:

      1. No, there is no recommended time period. In fact, if you are speerated for too long they will ask for strong reasons why you were seperated from your husband for so long. So earlier the better!

      2. May be not. Tourist visa and H-4 come under different categories. H-4 is always safer even though you had a previously rejected application. However, when filling out your visa application form for H-4 please do not lie, you can clearly state that your visa was rejected once. Remember, they have all of your previous records.

      3. The application process can be started afresh. No problems there.

      4. The chances of you getting a visa are brighter if you say you are going to be a house wife in the visa application form. Also, the question of what you are doing currently may not arise at all apart from the name of employer on the visa application form. The most important thing is that your husband provides all the necessary docs: w-2s, LCA, I-94, pay tub, bank statements, letter of support, letter from his employer saying he is currently employed etc. Your employment status in India shouldn't matter.

      Hope the above information helps!

      All the best.
      S

      Comment


      • #4
        Thanks for that!

        Thanks for your response!!!

        Well, we are actually not married yet. We are engaged and I have had my tourist visa rejected twice. They rejected me because my fiance was not yet in US and had not yet finished his papers.

        We are planning on getting married in less than 2 months, and after that he will go back to NY and I will do my papers for H4. I was just worried that my previous rejections would affect my H4 application.

        I was told to wait 5-6 mths before applying again, but was also told that once I got married the change of status would mean I could apply straight away.

        I am 23 with a Masters degree and was worried that they would have trouble believing I will be a dependant. I am actually not Indian, I am a Malaysian living in Australia.

        Comment


        • #5
          Help! Getting married soon & I have no idea where to apply for a H-4 Visa!

          Hi there ,

          U guys seem to know what ur talikng about! Pls help!!

          Q. I'm an Indian passport holder, living in the United Arab Emirates, can I apply for an H-4 visa from here instead of in India as I am a permanent resident of this country?

          Q. How soon can I apply for the H-4 visa after we get married(wedding's in June)?

          Q. Can I go to the states on a tourist visa & apply for the H-4 from there(I've been there before as a tourist)?

          Could someone pls tell me what I'm supposed to do?

          Thanks
          rooki

          Comment


          • #6
            Hi Rooki!!!

            Well the best that I can say is that Shanpai's response to my question seems like good advice/info.

            I myself, am in the same situation. As far as I know, it is always best to apply in your own country, but if you and your fiance have been living in UAE for some time, maybe because of his work, then it should not be a problem.

            The main thing for your H4 is to show your husband can support you and that you do not need to work. It is easy to change from H4 to H1 later, but do not mention this idea to them.

            After your wedding, make sure you have all the necessary documents for the application and there should be no problem. With this type of visa you do not need so much to show ties in home country as your husband has already gone through all this and you are applying so that you can join him.

            Hope this helps....feel free to ask anything else.

            Good Luck and Congratulations. I am looking to be married around that time to!!!

            Comment


            • #7
              H-4 visa discussion

              Hi,

              My responses:

              1. I would agree with P. It is always a good idea to go back to your home country for the visa.

              2. You can apply as soon as you get the marriage certificate. To ease the burden, some couples get married on paper (as in a register/court marriage) which is good enough for applying for a marraige certificate and then go for an elaborate wedding at a future date. Following which you can seek an appointment for a visa interview; if you are applying at the Mumbai consulate anyways. Interestingly, the appointment process in Mumbai and Chennai are different. The Mumbai folks ask for a copy of the marraige certificate when seeking an appointment while the Chennai folks don't (regardless, you still need the marriage certificate during the visa interview though). The disparity doesn't make sense to me when the ultimate aim of both the consulates is the same. Moral of the story is: US consulates across the world may have different requirements, make sure you do a thorough analysis before you show up for the interview.

              3. A previous US visa stamp in your passport makes a prospective visa application very strong. Although, the chances of clearing an H-4 visa interview are far brighter than a tourist visa or so I think.

              The way I look at it is this: The H-4 visa interview may not last for more than 2 minutes. If you get a visa you may feel that all the efforts and pain collecting documents etc were not worth going through since the visa officer may not even care to look at them. However, I still think we shouldn't leave any stone unturned or leave anything for chances. Well, ideally that should be the case in all our endeavors as they say.

              Best,
              S






              Hi there ,

              U guys seem to know what ur talikng about! Pls help!!

              Q. I'm an Indian passport holder, living in the United Arab Emirates, can I apply for an H-4 visa from here instead of in India as I am a permanent resident of this country?

              Q. How soon can I apply for the H-4 visa after we get married(wedding's in June)?

              Q. Can I go to the states on a tourist visa & apply for the H-4 from there(I've been there before as a tourist)?

              Could someone pls tell me what I'm supposed to do?

              Thanks
              rooki[/QUOTE]

              Comment


              • #8
                heya!!

                Thanks so much for ur quick response!!!!

                I have another question,

                I've been living in the UAE for the past 15 yrs, & I have a residence visa for this country, as such, wouldnt it be easier for me to try for a visa from here instead of India, as I will be living here during the application period. I work here & my family lives here. My fiance lives in SF & got his H1 visa from India. Does that make it mandatory or necessary for me to try for the H4 visa from India?


                thanx again

                Comment


                • #9
                  Hmm. Yes, it does make sense for you to apply for your H-4 in the UAE. You will have to carry a letter from your employer, pay stubs, tax filings (if any) and show that you have been living there for a while now. Also, it doesn't matter if your fiance has his visa stamped from India. I have a friend whose H-1 visa was stamped in Canada and whose wife is scheduled for her H-4 in India soon (I will keep everyone posted regarding this case). If there was such a compulsion in place, my friend's wife would have to go to Canada for her visa, which clearly seems illogical.

                  Hope this helps.

                  S

                  Comment

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