Important Points regarding H4 application ?


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I am planning to get married around may 2012 so wanted to know how to get H4 visa? Also some other questions are like this :-

Do we need to make a new passport for my spouse to add my name in her passport?

What all documents needed for H4 application?

I am from mumbai so how much time it takes to process the visa ?

Also my spouse has a visitor visa so is it possible to bring her on visitor visa and then convert it into H4 visa while staying in US?

Still 4 months are there so anything i should do now to make things easy later ??

Thanks in advance !!!!

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If you want your spouse to live with you in a long run like more than 6 months continousy, i would suggest you apply for H4 visa for her. Her h4 visa will be tied up with your H1 petition validity. So as long as your are in H1 status she will also be in H4.H4 visa is very straight forward.Go to Mumbai consulate website and you will be able to find the list of documents required for H4 visa.

Keep in mind that now a days the consulates are even delaying H4 visas. My wife is waiting for her visa from 1 month in Hyderabad consulate. It doesnt mean that this happens to every one but we have to try our best in order for the process to be smooth.

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If one is outside the US and needs to be admitted to the US pursuant to H4 status, then one would apply at the US consulate in their home country for the H4 visa based on the spouse's H1B petition and status. Once the dependent family member is admitted to the US in H4 status, they should receive an I94 card for the same duration as the H1B holder or until the expiration of their passport, if that is sooner.

Once inside the US in H4 status, the H4 status is not automatically extended simply based on an H1B extension approval. Her status will not be OK if the I94 card expires. If in the US, one must file an I-539 application to extend their H4 nonimmigrant status prior to their I94 card expiring. In general, this is filed with the H1B petition.

Please consult directly with a qualified and experienced immigration attorney to discuss this matter further.

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