Can I bring my wife on H4 dependent visa

[mohammed7860]

Hi :

 

I have a H1- B visa, but do not plan to go to marriage to India as I am scared, I'll be delayed stamping coz I am a consultant and do'nt want to take the risk. I am planning to do my nikah via phone which is legal as per our religion. My spouse is not a citizen or Green Card holder of US. Will I be able to bring my to be wife to US on H4 dependent visa. If yes, what will be the documentation and processing requirements.

Your assistance will be highly regarded in this matter.

 

Thanks,

Mohammed Obaid

[omshiv]

I dont know what a Nikah is..but your wife would need the Marriage Cert and other related documents...also why are you scared? are you working for a shady company? if your background and your company's background are good you do not need to get worried..

[jairichi]

Hi :

 

I have a H1- B visa, but do not plan to go to marriage to India as I am scared, I'll be delayed stamping coz I am a consultant and do'nt want to take the risk. I am planning to do my nikah via phone which is legal as per our religion. My spouse is not a citizen or Green Card holder of US. Will I be able to bring my to be wife to US on H4 dependent visa. If yes, what will be the documentation and processing requirements.

Your assistance will be highly regarded in this matter.

 

Thanks,

Mohammed Obaid

Yes, you can. You need to register your marriage and get a marriage certificate in India

[rahul412]

Hi :

 

I have a H1- B visa, but do not plan to go to marriage to India as I am scared, I'll be delayed stamping coz I am a consultant and do'nt want to take the risk. I am planning to do my nikah via phone which is legal as per our religion. My spouse is not a citizen or Green Card holder of US. Will I be able to bring my to be wife to US on H4 dependent visa. If yes, what will be the documentation and processing requirements.

Your assistance will be highly regarded in this matter.

 

Thanks,

Mohammed Obaid

Can you get marriage cert after 'Nikah' has been done??

My question is can a person get married without attending for his/her marriage??

[rohang]

In india thr are different marriage laws (depending on religion), and all of them have different requirement. This is different than registration of marriage.

 

But i believe to register a marriage by court -> phone nikah might not workout.

 

It will be better if your relatives can consult a lawyer (specialized in matter of muslim marriage) and get better opinion.

[rahul412]

But i believe to register a marriage by court -> phone nikah might not workout.

Well that was my doubt. I know what happens in nikah, but to register I guess that person has to present at that time.

[omshiv]

Marriage over the phone. huh? hmmm.. technology has its way.

[jairichi]

Well that was my doubt. I know what happens in nikah, but to register I guess that person has to present at that time.

Not really. For christian marriages the register from church is taken to registrar office and based on that marriage is registered. There is no need for bride and groom to be present to be issued a certificate. I might be wrong. This is what happened for many of my friends' marriages and for me too.

[JoeF]

Marriage over the phone. huh? hmmm.. technology has its way.

Actually, such a thing is not acceptable for USCIS.

[rohang]

Actually, such a thing is not acceptable for USCIS.

You may be right, but if its acceptable by certain religion, USCIS will not come in picture. He will first take required document from Religious authority that marriage is as per religious law, and then go to court and procure marriage registration.

 

USCIS will see marriage registration and not the way marriage happened. 

[jairichi]

You may be right, but if its acceptable by certain religion, USCIS will not come in picture. He will first take required document from Religious authority that marriage is as per religious law, and then go to court and procure marriage registration.

 

USCIS will see marriage registration and not the way marriage happened. 

Court does not register marriages in India. It is the marriage registrar offices in each state. If OP has to do a court wedding he has to travel to India and he is not interested to travel

[rahul412]

USCIS will see marriage registration and not the way marriage happened. 

But they will ask the question how did they got  married when groom is in US?

 

As far as tradition is concerned, this marriage is legal and valid, but for immigration purpose I don't think so.

OP, why are you scared of going to India and get married?? Their are 100's ppl in the same situation and they did it.

[JoeF]

You may be right, but if its acceptable by certain religion, USCIS will not come in picture. He will first take required document from Religious authority that marriage is as per religious law, and then go to court and procure marriage registration.

 

USCIS will see marriage registration and not the way marriage happened. 

They (or rather the consulate) will know how it happened.

A marriage by phone will result in not getting an H4.

[futureeb2]

This is a true story: A soldier stationed in Iraq got married over the phone. His new wife was in the US. This is a somewhat common occurrence in the US military. The soldier was killed in combat before he ahd a chance to return to the US. The only way his wife was able to obtain permanent residency was by a Private Bill passed by the US Congress naming her directly.

[jairichi]

This is a true story: A soldier stationed in Iraq got married over the phone. His new wife was in the US. This is a somewhat common occurrence in the US military. The soldier was killed in combat before he ahd a chance to return to the US. The only way his wife was able to obtain permanent residency was by a Private Bill passed by the US Congress naming her directly.

But, what it has to do with OP who is a nonimmigrant and not a US citizen?

[futureeb2]

What is possible is for your wife to come to the US as a visitor (B-2 visa) and then apply for COS to H4. See this link

http://www.state.gov/documents/organization/87206.pdf

Page 25 - Proxy Marriage

[rahul412]

This is a true story: A soldier stationed in Iraq got married over the phone. His new wife was in the US. This is a somewhat common occurrence in the US military. The soldier was killed in combat before he ahd a chance to return to the US. The only way his wife was able to obtain permanent residency was by a Private Bill passed by the US Congress naming her directly.

So the soldier was US citizen??

[jairichi]

What is possible is for your wife to come to the US as a visitor (B-2 visa) and then apply for COS to H4. See this link

http://www.state.gov/documents/organization/87206.pdf

Page 25 - Proxy Marriage

She can come on a visitor visa but still for a COS from B2 to H4 she needs to submit a certificate for marriage. Unless OP wants to go for a court marriage in US it is not possible.

[futureeb2]

So the soldier was US citizen??

Yes. See the Private Bill for relief of Hotaru Nakama Ferschke

[rahul412]

Yes. See the Private Bill for relief of Hotaru Nakama Ferschke

But in this case OP is non-immigrant. But you have mentioned about applying visiting visa that might work. But not sure how things work in this scenario.

[JoeF]

But in this case OP is non-immigrant. But you have mentioned about applying visiting visa that might work. But not sure how things work in this scenario.

They would have to have a marriage ceremony in person. That's what USCIS expects.

Marriage over the phone are not accepted by USCIS.

And trying to hide that it was a marriage over the phone, as somebody suggested, could of course result in a ban. I'll never understand why some people advocate gambling with their future...

[rahul412]

They would have to have a marriage ceremony in person. That's what USCIS expects.

Marriage over the phone are not accepted by USCIS.

And trying to hide that it was a marriage over the phone, as somebody suggested, could of course result in a ban. I'll never understand why some people advocate gambling with their future...

Got it.