H4 stamping when spouse's H1B is pending

[psychodelicrock]

Hello,

I am currently working in my 4th year of H1B in USA. I am going to India on a 5 week trip to get married. Since my previous H1B stamping valid for the first 3 years has expired, I have to get my H1B visa stamped again. I heard that there are a lot of 221(g)s being handed out these days, and I have an arrest and conviction (reckless driving for excessive speeding) on my record from a few years back. Hence, I plan to schedule my appointment in the first week as soon as I land to ensure I have maximum buffer time possible remaining in case of a delay.

I am getting married during the 2nd week of my trip. My fiancee is planning to schedule her appointment for H4 in the 3rd week, which would give her sufficient time to get her passport back by the end of the 5th week. We want to fly back to USA together. My questions are:

1. If I am given a 221(g) when I go for my H1B appointment in the first week, does my fiancee have to wait for my visa to be stamped before she goes for her H4 or can she still go for her appointment as planned in the 3rd week even if it is still pending?

2. If she does go as planned, would it be put on hold too along with mine and would we get our visas together later whenever mine is approved? Or would hers be rejected directly?

3. Instead, is it better for me to wait and we go for H1B-H4 together as a couple after marriage in the 3rd week?

I would really appreciate any insight into this situation before we go ahead and book any appointments.

Thanks.

[milda]

Hello,

I am currently working in my 4th year of H1B in USA. I am going to India on a 5 week trip to get married. Since my previous H1B stamping valid for the first 3 years has expired, I have to get my H1B visa stamped again. I heard that there are a lot of 221(g)s being handed out these days, and I have an arrest and conviction (reckless driving for excessive speeding) on my record from a few years back. Hence, I plan to schedule my appointment in the first week as soon as I land to ensure I have maximum buffer time possible remaining in case of a delay.

I am getting married during the 2nd week of my trip. My fiancee is planning to schedule her appointment for H4 in the 3rd week, which would give her sufficient time to get her passport back by the end of the 5th week. We want to fly back to USA together. My questions are:

1. If I am given a 221(g) when I go for my H1B appointment in the first week, does my fiancee have to wait for my visa to be stamped before she goes for her H4 or can she still go for her appointment as planned in the 3rd week even if it is still pending?
Yes. Until yours is not approved, she can't go for an interview.

2. If she does go as planned, would it be put on hold too along with mine and would we get our visas together later whenever mine is approved? Or would hers be rejected directly?
See my first answer.

3. Instead, is it better for me to wait and we go for H1B-H4 together as a couple after marriage in the 3rd week?
Yes. Better to go together.
I would really appreciate any insight into this situation before we go ahead and book any appointments.

Thanks.

[Note:- I am sharing my views, contact your attorney for the best advice.]

[psychodelicrock]

Hi Milda,

Thank you very much for the prompt reply. I prefer going together too. I am just worried that the buffer period will be shorter.

To clarify, if we go as a couple and I get a background check, then both our applications will be treated like one case, held in processing together till my background check is done and stamping approved together at a later date? Or would she still be asked to reapply again after I get my H1B stamped?

Thanks for your help again.

[shervin143]

It will most likely be treated as one case. When you get your visa, she would ger her visa stamped too.

[psychodelicrock]

Thank you so much for the clarification shervin!

[bhayzone]

AFAIK, USCIS or the consulate does not give a damm about DMV records esp. speeding tickets. I don't think they'll hold your application for a bad driving record.