Please help: Advice on H1b stamping and H4 visa interview together

[Snehil Wakchaure]

Hey guys,

Here is the situation (I am traveling to india for marriage while on H1B):

1. Court marriage - 10th Dec (will get marriage certificate on 11th Dec)
2. Marriage ceremony with rituals, etc. (18th Dec)
3. My status H1B since Oct 2014, so i have to do h1b stamping while in india (I have 1month leave from work in Dec)
4. Need to get wifey's H4 visa interview done (I was thinking we can go together i.e. my h1b stamping and her h4 visa) & that we come together to US


What is the question?

1. I think i have to fill 2 ds160 forms for me and fiance. Can I fill them right now (in US - november) and submit them witout any issues? Is there anything I should be careful about?

2. The forms have these columns:
i) Are you single/married?
ii) Family information: Spouse name, etc
iii) Anyone travelling with you? (spouse, etc)
Since i am not yet married (but will be when i am attending interview in december). What should i fill for these columns?

3. Is it safe to submit the form with MARRIED details before my marriage in Dec so that I can book a visa interview date and secure a slot?

4. When should I submit both ds 160 forms and pay the visa fees? After 10th Dec (when i am legally married), or before is fine?

5. Can I book a visa interview date for both of us now ie. while in US before marriage? (will it be a safe option?)

6. Can i book biometrics date between 10th dec and 18th dec (can i do it now while in US-november?)

Thanks friends.

Please advise..

[raghvi]

Hey guys,

Here is the situation (I am traveling to india for marriage while on H1B):

1. Court marriage - 10th Dec (will get marriage certificate on 11th Dec)
2. Marriage ceremony with rituals, etc. (18th Dec)
3. My status H1B since Oct 2014, so i have to do h1b stamping while in india (I have 1month leave from work in Dec)
4. Need to get wifey's H4 visa interview done (I was thinking we can go together i.e. my h1b stamping and her h4 visa) & that we come together to US


What is the question?

1. I think i have to fill 2 ds160 forms for me and fiance. Can I fill them right now (in US - november) and submit them witout any issues? Is there anything I should be careful about?

2. The forms have these columns:
i) Are you single/married?
ii) Family information: Spouse name, etc
iii) Anyone travelling with you? (spouse, etc)
Since i am not yet married (but will be when i am attending interview in december). What should i fill for these columns?

3. Is it safe to submit the form with MARRIED details before my marriage in Dec so that I can book a visa interview date and secure a slot?

4. When should I submit both ds 160 forms and pay the visa fees? After 10th Dec (when i am legally married), or before is fine?

5. Can I book a visa interview date for both of us now ie. while in US before marriage? (will it be a safe option?)

6. Can i book biometrics date between 10th dec and 18th dec (can i do it now while in US-november?)

Thanks friends.

Please advise..

1. The DS-160 should be correct as of date of interview. So yes you can go ahead and fill it up.
2. Yes fill as if you are married but your spouse passport name should be the passport name she would have during the interview.
3. I think it is safe as long as you are sure you would get the marriage certificate.
4. Before is fine too.
5. Yes.
6. Yes.

Is your spouse planning to change her name after marriage? Do you plan to have the name change in the passport too? If yes, then you can fill only after marriage.

This is my opinion not legal advice.

[Snehil Wakchaure]

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1. The DS-160 should be correct as of date of interview. So yes you can go ahead and fill it up.
2. Yes fill as if you are married but your spouse passport name should be the passport name she would have during the interview.
3. I think it is safe as long as you are sure you would get the marriage certificate.
4. Before is fine too.
5. Yes.
6. Yes.

Is your spouse planning to change her name after marriage? Do you plan to have the name change in the passport too? If yes, then you can fill only after marriage.

This is my opinion not legal advice.

Many thanks for the information!

I can get her name changed on the passport, but wouldn't it be easier if we keep her name the same? Any thoughts?

Also, will it be safe for me to get my h1b visa stamped first then get her h4 done rather than going together for an h1b and h4 stamping?

Please advise,

Thanks!

[raghvi]

- - - Updated - - -



Many thanks for the information!

I can get her name changed on the passport, but wouldn't it be easier if we keep her name the same? Any thoughts?

Also, will it be safe for me to get my h1b visa stamped first then get her h4 done rather than going together for an h1b and h4 stamping?

Please advise,

Thanks!

I would say yes, it would be easier to keep name same. And consistent with all subsequent immigration documents.

You going alone or with spouse should not impact the H1 decision. H1 is broadly based on your skill set, and employer's genuineness for providing work and adequate compensation for that skill set.

This is my opinion not legal advice.

[Snehil Wakchaure]

I would say yes, it would be easier to keep name same. And consistent with all subsequent immigration documents.

You going alone or with spouse should not impact the H1 decision. H1 is broadly based on your skill set, and employer's genuineness for providing work and adequate compensation for that skill set.

This is my opinion not legal advice.

Many thanks for answering my questions. I have a the following 3 questions about filling ds160:
1. I came to US on F1 visa, filled ds160 back then for f1 visa. Now i am going to india on h1b for stamping. If i decide to take off one of the work experience from india i showed in the previous f1 visa ds160,and not show it in the new ds160 for h1b stamping then will it be an issue?
2. I worked as GTA at my university when i was a student in US, as part time student assistantship positions which renewed every semester (worked for 4 semesters). Should i also include this work experience in the new DS160 for h1b stamping?
3. All other part time jobs at the university have to mentioned in the h1b ds160?
4. do we have to submit any employment related documents to them? If yes what are those docs?

thanks!

[mail2vishg]

H1 and H4 stamping after court marriage

Hello,

I saw above Snehil's post regarding H1 and H4. My case is similar with the only difference that I am in India only.

I have few questions. It would be great if any could help me answer them:
1. If I go for VISA interview post my court marriage and before traditional marriage, will it pose any problems? How do I avert the question if asked "Why Court Marriage"?
2. Would it be better if we me and my would be wife go for H1 and H4 stamping together rather than going independently?

Thanks

[raghvi]

1. Well that question may not come if you have valid marriage certificate and show justification by showing proof of some marriage photos/plans for future traditional marriage etc.
2. Though it does not make much difference from a simplicity point it helps to go for interview together rather than scheduling two different visa slots.

This is my opinion not legal advice.

[rukminimenon89]

Further queries

Hello,

Just read Snehil's post and all the replies. Very helpful indeed! I do have a few more questions though:

1) Do my fiance and i have to fill out 2 separate DS160 forms? Or will one suffice, in which i am added as the dependent(H4) in the form filled by my fiance?
2) If we club our interview dates together, the amount to be paid for scheduling the appointment ($190) will have to be paid by both of us ($190+$190=$380) or only a single payment of $190 will have to be made?
3) How long after the interview will we get our passport stamped (in case we schedule at US consulate in Mumbai)?
4) In case i have already filled the DS 160 form as 'Single' and received a confirmation and bar-code for it, will there be problems comparing the forms if my fiance fills 'Married' in his form?
5) If there may be complications to the above (4), can i/will i (need) start a whole new application for DS160 form?

Any help regarding these queries will be much appreciated.

Thank you.
Sincerely,
Rukmini Menon

[raghvi]

Hello,

Just read Snehil's post and all the replies. Very helpful indeed! I do have a few more questions though:

1) Do my fiance and i have to fill out 2 separate DS160 forms? Or will one suffice, in which i am added as the dependent(H4) in the form filled by my fiance?
2) If we club our interview dates together, the amount to be paid for scheduling the appointment ($190) will have to be paid by both of us ($190+$190=$380) or only a single payment of $190 will have to be made?
3) How long after the interview will we get our passport stamped (in case we schedule at US consulate in Mumbai)?
4) In case i have already filled the DS 160 form as 'Single' and received a confirmation and bar-code for it, will there be problems comparing the forms if my fiance fills 'Married' in his form?
5) If there may be complications to the above (4), can i/will i (need) start a whole new application for DS160 form?

Any help regarding these queries will be much appreciated.

Thank you.
Sincerely,
Rukmini Menon

1. Yes, one DS-160 for each member requesting a visa.
2. Its $190 per head.
3. Typically a week to 10 days.
4. You should update the status to reflect your marital status as of the date of interview.
5. You should be able to update the DS-160.

This is my opinion not legal advice.