H1 for wife, H4 for husband

[visa4sheila]

Hi Folks,

This is the situation (which I am sure is unique for everyone..)

I am on a H1b visa with the same employer from the last 5 years with my I-140 approved and am waiting for the Visa numbers to become current. But my visa is not yet stamped. Since I-140 is approved I got the H1b extension for another 3 years.

I am looking to marry a man from India who has come to the usa on L1 visa a few times but is currently in India

Here are the questions:

If we get married in the India, can we both go for stamping together?

Since typically the wife applies for H4 will it be a problem for the husband to apply for H4, since he is already employed in India?

If I-140 is approved, will my H1b visa stamping be considered 'potential immigrant' etc?

We are planning to do a court marriage in india and the real wedding in usa since I have been here for the last 10 years and have most of the relatives, friends here. So there wont be a lot of pictues and vidoes to prove the wedding other than the original marriage certificate...you think this will cause any problems?

Sorry for so many questions. Any advise or information you can provide is greatly appreciated.

Best Regards
Sheila

[shervin143]

If we get married in the India, can we both go for stamping together?
>>> Yes. Carry the original marriage certificate, marriage invitation and few marriage pictures.

Since typically the wife applies for H4 will it be a problem for the husband to apply for H4, since he is already employed in India?
>>> Visa is not biased by gender. As long as you are married for sure, getting the H4 along with the H1B is not an issue (as long as other documents are in place).

If I-140 is approved, will my H1b visa stamping be considered 'potential immigrant' etc?
>>> H1B is for dual intent. If this is an issue, then they shouldn't allow people in H1B to file GC at the first place. This is not an issue.

We are planning to do a court marriage in india and the real wedding in usa since I have been here for the last 10 years and have most of the relatives, friends here. So there wont be a lot of pictues and vidoes to prove the wedding other than the original marriage certificate...you think this will cause any problems?
>>> Few pictures, the marriage certificate & the marriage invitation will be enough. They just want to make sure that you are really married and it is not a scam to get someone to U.S in the name of marriage. The way you both present yourselves at the interview is very important.