H4 - Process

[happybuddha]

Hello,
I am trying to figure out the exact process for applying for an H4 visa.
How could this really be planned ?
For example, lets assume a guy in US is getting married on July 4th. So can the spouse already fix an interview date for July 5th ? And the visa formalities take a week, so the couple can then travel back to US on around 15th of July ?I understand a marriage certificate is required. I am told the court needs to be given the request for registering a marriage a month in advance. Though I do not yet fully understand the exact difference between registering a marriage and court marriage.
If I am just registering a marriage then do I still need to give the court a months time ?
Does the surname change in passport carry any value ?
I am sure there are people who manage getting married and settling related affairs within 3 weeks. But how do they all go about getting their spouses a visa and do the spouses generally travel with them ?
I did a search on H4 in immihelp and nothing came up. Those are too many questions but am sure you will understand that all I am looking for is to know how to plan for the H4

Cheers,

[shervin143]

The H4 visa interview can be scheduled before the actual marriage. However, as of the date of the visa interview, you should be married. You need to carry the original marriage certificate when you attend the visa interview. Also, yo may need to carry some marriage photographs containing the important aspects of the marriage cermony like tieing the knot. Taking all this into account, it is not advisable to attend the visa interview the immediate next day of the marriage as you might not get all this in time to show it to the VO. Once the H4 visa gets approved, you can travel anytime. You can travel with the H1B holder or travel alone later. The spouse name in the passport doesn't matter. Marriage certificate is what is very important.

[santaclara123]

H1 approved, effe. dt Oct'12 right time for wife's H4? she need I-129 original?

Currently I am on OPT STEM extension (expiring in Nov. '12), but I got H1 approval for three years with start date of Oct. '12 (apporved in Apr. '12). though my H1 is yet to start, is this good time to apply for wife's H4 visa? or I should wait till Oct. '12. Also Do I need original LCA, original I-129 with original I-797 of mine for wife's H4 stamping? I know this question might have got answered, but not sure does "copy of" I-129 resembles photocopy of I-129 in legal terms. Hence I am putting question with "original".

[shervin143]

Currently I am on OPT STEM extension (expiring in Nov. '12), but I got H1 approval for three years with start date of Oct. '12 (apporved in Apr. '12). though my H1 is yet to start, is this good time to apply for wife's H4 visa? or I should wait till Oct. '12.
>>> You can file H4 for your wife only within 90 days of your H1B effective date. If the H1B is effective as of Oct 1st, then you can go for interview only after July 1st.

Also Do I need original LCA, original I-129 with original I-797 of mine for wife's H4 stamping? I know this question might have got answered, but not sure does "copy of" I-129 resembles photocopy of I-129 in legal terms. Hence I am putting question with "original".
>>> Original I-797 is required. LCA and I-129 can be copies. Original I-129 will be with USCIS. Your employer will only have a copy of it.

[santaclara123]

thanks Shervin, It was great help!
meanwhile I am about to hit one more situation, my employer will remain same but my current long term project will expire by June '12 end, hence consequently my employer will file amendment since there will be change of location in LCA (wisely he put dual end client addresses in LCA about client location, one about employer base & one about current client location, but legally we want to go for amendment to avoid any trouble).
With all these development which will be about to happen post-June end, I am anticipating that if my wife will undergo Visa interview around 1st-5th July, should it be a problem? We will go for amendment right after her visa interview, or do we have to wait for amendment / response to LCA update before resuming work at new client after July 1st.?
Once again thanks for reply.
-
Prashant

[shervin143]

You need to file the LCA and the H1B amendment before you move to a new client / work location. It is advisable that your wife goes for H4 interview after the new LCA gets approved for the new work location and an H1b amendment in place. Oterwise, in case of a 221g with the old LCA and client details, getting the H4 visa stamped will be an issue.