H4 Visa for Minor when parent is single

[NivNish]

Hi,

Me and my husband are seperated but not formally divorced.
Now my H1 is in process. I need H4 for my kids.

But yesterday, I came across some information on Visa Consulate website, which states, I need an NOC from my husband for my kids H4.
My case he wont give me a NOC.

Can please someone let me know what is the process in the cases like mine. I need this information very urgently.
I am sure there would have been many cases like mine, someone please help me on this.

Regards,

[shervin143]

Unfortunately that is the process. You can try you luck by filing H4 for you kids when you apply for your H1B visa. If the VO asks for the NOC from your husband, then you need to get it. Otherwise, they will ask for the divorce certificate to approved the H4 visa for the kids. Sometimes the H4 might get approved without the NOC. It all depends on the VO. If your children are below 7 years old, then you can go for the interview waiver program for your kids.