Applying H4 via for different nationality spouse

[orgchem]

Hi, I am an India citizen marrying an Indonesian national in India. I am planing to apply H4 visa for my wife.  As my wife is a Indonesian citizen will there be any issue while applying for H4 visa in India? I have already sent an email to Indian consulate and they replied with following answer 

 

"With regards to your concern, we would like to inform you that applicants are generally advised to apply in their country of nationality or residence. Any person who is legally present in India may apply for a visa in New Delhi, Mumbai, Chennai, Hyderabad or Kolkata. However, applicants should decide where to apply based on more than just convenience or delay in getting an appointment in their home district. One thing to consider, for example, is in which consular district the applicant can demonstrate the strongest ties. "

 

Based on the above answer they haven't denied it.

 

But if anyone can throw some light on this, I would really appreciate it. 

[pontevecchio]

Since H4 is dual intent applicable ties have no relevance to the visa. Her H4 visa will be a function of the credibility of your H1. Have her go ahead and apply after Marriage.

[orgchem]

Thanks so much for the reply. It really helped me. After doing some search I understood the dual intent. Since H4 doesn't breach the home country ties I am hoping it would be ok.

 

Still trying to find what kind of unusual documentation needed though. I guess one of it is Police clearance certificate.

 

Trying to understand if any letter required from her home country (in this case Indonesia) embassy that they do not have any obligation.

 

If any one could think of such kind of documents please let me know. I just want to be proactive to get all the documents required. Once again thanks so much for your valuable suggestions.

[pontevecchio]

Please do not guess. PC is not required. The Indonesian Government is not involved. The same documents needed for an Indian citizen for H4 will suffice. Basically the Marriage Certificate along with your H1 petition approval with proof of status like stubs. If they think you are married to her and you are in valid H1 status she will get her H4 visa.

[orgchem]

Thanks so much. I will take care of the documentation to prove the marriage is genuine with all the documentation I would have. But I got a major setback on one of the question that I asked.

 

I asked if my fiancee can apply for H4 visa when she is on visitor visa in India and below is the response I got  from the US Embassy Consulate from Hyderabad customer service.

 

"Please note that, if the applicant has stayed in India for at least six months, you may apply for U.S. Visa from India. However, we would like to inform you that, your visa processing time will be more than the time taken for the normal visa processing, as it is at the discretion of the Embassy."

 

I am trying to find if there is a rule that was mentioned any where in US immigration laws that the applicant has to stay in India for 6 months before applying for US visa. Please refer me to that article or post.

 

I am really concern about this because she will not have 6 months before she apply for the visa.

Even if I think about, if she can go back to her country (Indonesia) and try to get H4 visa stamping there which  I cannot do because we have the marriage certificate only from the India. I am really out of option.

 

So if anyone know about this rule that an applicant has to stay in India for 6 months before applying to US visa please let me know.

[sritracker007]

So what happened in your case, did your indonesian fiancee got H4 visa after marriage in India?