H4 visa for my fiancee

[bouquet]

Hello everybody

My H1-B petition has been approved in this week but I haven’t got the visa stamping yet from my home country because I am wondering what we should do for my fiancee. He has currently F1 visa just like me. 

1)We will marry by the end of the September so how would be the H4 visa process for him? I mean would he be eligible to have H4 visa once I got the visa stamping or he would be eligible to have H4 visa as soon as we marry. 

2)Can we apply the visa interview together? If we can how long the process would take for him to change his status from F1 to H4?

3) If we decided to don’t have the visa stamping from our home country would he be still eligible to have H4 visa?

thank you in advance 

 

 

[shekar11#]

On 9/7/2019 at 7:24 PM, bouquet said:

Hello everybody

My H1-B petition has been approved in this week but I haven’t got the visa stamping yet from my home country because I am wondering what we should do for my fiancee. He has currently F1 visa just like me. 

1)We will marry by the end of the September so how would be the H4 visa process for him? I mean would he be eligible to have H4 visa once I got the visa stamping or he would be eligible to have H4 visa as soon as we marry. 

2)Can we apply the visa interview together? If we can how long the process would take for him to change his status from F1 to H4?

3) If we decided to don’t have the visa stamping from our home country would he be still eligible to have H4 visa?

thank you in advance 

 

 

1. He would be eligible as soon as you both marry.

2. Yes. At least 3 to 5 months depending on your location.

3. Yes.

[xTDx]

First time stamping is suggested to  be done at home country. You can get stamping done together or separately, up to you. Together is suggested.  If your home countries are different then go to any one of the home countries. 

Your visa stamping will not make someone eligible for H4. Your spouse will be eligible for H4 once you get married. Wait for the marriage certificate to be available before you head to get a visa stamp. Depending upon the local rituals, have the other evidences like marriage album etc ready as well.

On 9/7/2019 at 7:24 PM, bouquet said:

3) If we decided to don’t have the visa stamping from our home country would he be still eligible to have H4 visa?

A visa is just to enter US. If you are marrying here in US, you do not have to leave and get a h4,h1b stamping until you leave and want to come back to US under H1b or H4. 

Not a bad idea to get your thoughts and plans through a competent immigration attorney.