Marrying my Norwegian Fiance when she is here on Visa Waiver Program

[PatchRowcester]

I am an Indian citizen working in the United States. My H1-B is under progress. My fiance who is a Norwegian citizen is here in the US. She is on a Visa Waiver Program.

Here is what I want to do:

We want to get married here, after which, she will go back to her country, and she can later file for a H-4 visa once I get my H1-B approved. She will then to a US consulate in Oslo and get her H-4 visa approved.

Is this possible? Any potential drawbacks to this strategy? Thanks for your advice!

[shervin143]

Sounds like a plan. I personally don't see any issues.

[PatchRowcester]

Sounds like a plan. I personally don't see any issues.

Thanks!

Is there any website I can check to make sure I am not breaking any laws?

[shervin143]

What exactly is your concern? Are you worried about marrying in U.S? No issues with that. Once married, your wife will leave U.S, legally apply for H4 and travel only if H4 is approved, right? What exactly are you thinking is illegal here?

Anyways, check uscis.gov website and see if they have any documents. If not, you will need to get the help of a good attorney.

Thanks!

Is there any website I can check to make sure I am not breaking any laws?

[PatchRowcester]

What exactly is your concern? Are you worried about marrying in U.S? No issues with that. Once married, your wife will leave U.S, legally apply for H4 and travel only if H4 is approved, right? What exactly are you thinking is illegal here?

Anyways, check uscis.gov website and see if they have any documents. If not, you will need to get the help of a good attorney.

That is our intention, yes. She is leave the US, and come back when H4 is approved.

Also, if her H4 is not processed by December, which may be the case if my H1 gets delayed, can she come back to visit me for Christmas without a visa? Would she be breaking any law in that case?

[PatchRowcester]

I have another question.

Will it be a problem getting a H4 visa in Norway because she got married in the US? Would the embassy have a problem (generally) if a person got married while on a visa waiver program and wanted to apply for a change of status in the home country?

Any input will be appreciated.

[shervin143]

That is not an issue. There is no rule that a foreign citizen should not get married in U.S. As long as the marriage is legitimate, you need not worry.

I have another question.

Will it be a problem getting a H4 visa in Norway because she got married in the US? Would the embassy have a problem (generally) if a person got married while on a visa waiver program and wanted to apply for a change of status in the home country?

Any input will be appreciated.

[PatchRowcester]

That is not an issue. There is no rule that a foreign citizen should not get married in U.S. As long as the marriage is legitimate, you need not worry.

That is very good to know. I have a couple more questions.

1. If her H4 gets denied for whatever reason, can she still travel here on her WVP?

A little bit of background. She is currently studying Engineering, and she travels here during her vacation. Typically she stays here during summer and winter breaks.

2. When she came to the US this time (which was on May 14, 2012), she was at Newark, and the immigration officer let her through after being very suspicious. He accused of her of trying to seek employment here because she came here twice last here, and stayed for over a month. She never overstayed. So if we were to NOT apply for a H4, would she have a problem trying to come here in December during the Christmas break? How can she prove that she is not coming here to look for job?

We are not sure which way to go.

[shervin143]

Applying and getting the H4 should not be a problem as long as you (H1B holder) is in valid H1B status and you have enough documents to prove your marriage. A person can enter U.S in WVP only for 2 reason – Business & Tourism. So if your spouse travels back again in WVP and if the officer at POE is not convinced that she is entering U.S for tourism or if they suspect that she might stay for more than 90 days, then they can deport her back. Entering U.S very frequently in WVP can create these suspicion in the mind of POE officer. In case her H4 gets denied, then she can try for B2. If B2 also gets declined, then it is best that you consult an attorney.

That is very good to know. I have a couple more questions.

1. If her H4 gets denied for whatever reason, can she still travel here on her WVP?

A little bit of background. She is currently studying Engineering, and she travels here during her vacation. Typically she stays here during summer and winter breaks.

2. When she came to the US this time (which was on May 14, 2012), she was at Newark, and the immigration officer let her through after being very suspicious. He accused of her of trying to seek employment here because she came here twice last here, and stayed for over a month. She never overstayed. So if we were to NOT apply for a H4, would she have a problem trying to come here in December during the Christmas break? How can she prove that she is not coming here to look for job?

We are not sure which way to go.

[PatchRowcester]

Applying and getting the H4 should not be a problem as long as you (H1B holder) is in valid H1B status and you have enough documents to prove your marriage. A person can enter U.S in WVP only for 2 reason – Business & Tourism. So if your spouse travels back again in WVP and if the officer at POE is not convinced that she is entering U.S for tourism or if they suspect that she might stay for more than 90 days, then they can deport her back. Entering U.S very frequently in WVP can create these suspicion in the mind of POE officer. In case her H4 gets denied, then she can try for B2. If B2 also gets declined, then it is best that you consult an attorney.

Thanks again for your reply. Is it possible for us to apply for h4 more than once provided it gets denied?

How hard is it to get a h4 in general?

Thanks!

[shervin143]

Is it possible for us to apply for h4 more than once provided it gets denied?
>>> Yes.

How hard is it to get a h4 in general?
>>> It is not difficult if you have proper documents.

https://www.immihelp.com/h4-visa-stamping-documents/

[PatchRowcester]

Is it possible for us to apply for h4 more than once provided it gets denied?
>>> Yes.

How hard is it to get a h4 in general?
>>> It is not difficult if you have proper documents.
https://www.immihelp.com/h4-visa-stamping-documents/

Thank you for that response. I have another question.

in the list of supported documents, the following is listed:

- Form I-797 - An original notice of action

- Photocopy of passport with valid visa

There are a couple of problems with this.

I will not be with my fiance when she is applying for her H-4. So is it expected that I give her my I-797 form?

Also, I have no intention of going to India to get my visa stamped, so there will be no entry in the passport. What do I do?

Thanks for your advice!

[shervin143]

I will not be with my fiance when she is applying for her H-4. So is it expected that I give her my I-797 form?
>>> Yes.

Also, I have no intention of going to India to get my visa stamped, so there will be no entry in the passport. What do I do?
>>> This is not an issue. Give a photocopy of whatever visa you have in your passport irrespective of whether it is expired or not. If asked, she will have to explain that you filed a COS while you were in U.S and never got a chance to leave the country after that to get the visa stamped. But they rarely ask for any such details.

[PatchRowcester]

I will not be with my fiance when she is applying for her H-4. So is it expected that I give her my I-797 form?
>>> Yes.

Also, I have no intention of going to India to get my visa stamped, so there will be no entry in the passport. What do I do?
>>> This is not an issue. Give a photocopy of whatever visa you have in your passport irrespective of whether it is expired or not. If asked, she will have to explain that you filed a COS while you were in U.S and never got a chance to leave the country after that to get the visa stamped. But they rarely ask for any such details.

I am sorry, I should have been more specific.

Do I have to mail her the original I-797A that I get from USCIS? Or can I give her a photocopy? Is there a way for me request an additional copy from USCIS?

Thanks! You have been a lot of help!

[shervin143]

Do I have to mail her the original I-797A that I get from USCIS? Or can I give her a photocopy?
>>> Did you check the link that I gave you earlier. It clearly states that original I-797 is required. Going with just a photocopy will be taking a chance although there are people who have gone with the photocopy and got their visa stamped.

Is there a way for me request an additional copy from USCIS?
>>> No. Duplicate approval notice can be requested only if you have lost the original one and it has to be requested only by the attorney or the employer. It will take its own time to get the duplicate approval notice.