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H4 - a bit complicated case....pls help

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  • H4 - a bit complicated case....pls help

    Hi all, following is my story

    I Got married in 2004, applied for H1 in 2006 mentioning my spouse and child on docs. Got divorced in Jan'07 in India and came to US in Feb'07, filed for GC mentioning my status as divorced. Now am reconciling with my ex-wife and planning to get married and bring her here along with kid...have below 3 options to apply for h4...pls advise which would be the best option....
    a. Can I process her H4 using my first marriage certificate? Would it cause any problem since my status is Divorced while filing GC (i.e. as per INS records my status is divorced). Will consular have the info filed in GC?
    b. This option is not good but just want to run thru. If above is not possible, can I get married on phone (muslims can get married on phone) and get second marriage certificate. With this can I process her H4? So with this option when she goes for interview she will have 2nd marriage certificate along with first one. And if the officer sees my status as divorced then she can show that we got married after divorce. But since I have not gone to India, can that be an issue i.e. they can ask when i came for second marriage and when i went back etc? If they ask how we got married if I have not been to India, will they buy that the fact that marriage has happened on phone. Will it be accepted.
    c. Go to India and get married, and apply for H4. She can take 1st marriage cert, divorce cert and 2nd marriage certificate along with photos and if asked can explain about the whole thing. What are things I need to take care in this? Any special considerations?

    Somebody who knows how things works in these cases, Please help me.

  • #2
    C

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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