Should I be filing or H-4 for my son or tourist visa?

[Devraj953]

Hi,

 

My apologies in case I have posted my query in the wrong forum.

 

Here is my condition.

 

• Worked in US since 2006 on H-1B.
• 2007 got married and brought my wife on H-4.
• 2011 Moved back to India
• 2011 Blessed with a son in India
• 2015 April got Divorced in India 
• Now going back to US on H-1B

Questions:

 

1) Since my son lives with my ex-wife in India. Should I be filing for H-4 for him so that I can bring him off and on. Also I would like to get him covered under Insurance in US with me.

 

2) Can I still file for my ex-wife under H-4 so that she can bring our son when visiting US? (Not sure if this is possible since I feel we are legally separated) however this would help in making travelling/visiting easy?

 

Thank you in Advance.

 

[abysmal]

From what I know,

1. Yes. your son will need an H4 visa to be able to visit you in US.

2. No, not possible to file H4 for ex-partners as they cannot be claimed as related/dependent on you.

[jairichi]

2. No way. She is no more your spouse.

[JoeF]

Your ex-wife can not get an H4.

And an H4 for your son would only be possible if you have custody.

[Devraj953]

Thank you for the response.

When filing for H-4 for my son. Do I need a copy of the judgment or just a birth certificate would suffice for my son? Or is there any other documentation that would be required by the immigration attorney?

Thank you in advance

[Devraj953]

Thank you for the response. 

 

What documentation would I require for my son's H-4 Filing? Would that be the birth certificate/Divorce papers?  

[jairichi]

Thank you for the response.

When filing for H-4 for my son. Do I need a copy of the judgment or just a birth certificate would suffice for my son? Or is there any other documentation that would be required by the immigration attorney?

Thank you in advance

Birth certificate and a copy of judgement to show that you have legal custody of your son. I believe also a letter from his mom.

[JoeF]

Divorce decree and custody agreement would be required.

[Devraj953]

Thank you for the prompt reply.

 

Is it possible to have my son to be covered for medical insurance (as he may require due to his birth complication) however he is residing in India with my ex-wife as she has the custody.

 

I wont be able to get him a social security if he is on a Tourist visa right? I can't file for his H-4 as she has the custody. So is there a way to have me covered.