H4 Application Procedure?

Question

I am a Canadian holding H1-B visa. I am planning to get registered in June 2007 here in United States with my fiance, who holds a Taiwan passport. Please let me know what is the H4 application procedure. Do we need to go out and re-entry or can we change her status from B2, visitor's visa, to H4 visa here in United States?

Thanks in advance,
Ken

Answer 1

You can apply for a Change of Status (COS) for her, though it may be hard. COSs can be denied for many reasons, but the most common being that they feel the original intent of the first visa was not upheld. When she came into the country on her B visa, did she know that she was planning to get married and change status? If so, they may deny it. However, it doesn't cost that much to apply for a COS and she can stay in the country legally until they deny it or approve it (but if she leave the country, the application is considered "abandoned"). If it is denied, then she can just leave the country, go to a visa interview for an H-4 and come right back.

Answer 2

You wont be able to change status in the states because as a Chinese citizen she is required to have a visa. If she comes to the U.S. as a visitor for pleasure (B-2) and marries you and then applies to change status, she will have committed fraud and misrepresentation at the inspection process and will be deportable.

Sorry, no shortcuts on this one. If she were Canadian she could just show up with you at the border with proof of legal mariage and be documented as your dependent but not if she isn't Canadian. Even if she were Canadian, if she enters as a visitor to marry you she would be in violation of the law.

You can go to the Dept of State website to get more information about visas. Go to the link below and click on the Embassy/Consulate you would like to make inquiries from. I don't know whether to tell you to contact one in Canada or Taiwan. (Actually, the one in Taiwan I believe goes by the name American Institute, Taiwan.) Once you pick your embassy, then you click on the appropriate radio button when that embassy's page loads. For Hong Kong and Macau, click on "Visa to the US". For Vancouver click on "Visa Services".

Can your Member of Parliament be of any assistance?

Answer 3

Spouse and unmarried children under 21 of an 'H' visa holder are eligible to get H-4 visas to live in US. These visas are usually issued at the local US consulate office of your home country. However, if you are already in US, you can can obtain H-4 visa by filing Form I-539 for change of status.

H-4 visa holders are not allowed to take up employment in US and not eligible to get a Social Security Number. But, you can get drivers license and open bank account(s) and also, you can get ITIN for IRS Tax purpose.



Qualifications:
The only known qualifications is, you must be either spouse or unmarried children under 21 of H-1A / H-1B / H-2A / H-2B / H-3 visa holder.



Requirements:
An H-4 visa applicant must be an immediate family member of an H-1B, H-2A, H-2B, or H-3 visa holder. Immediate family members include spouse and children under the age of 21.



Duration of Visa:
An H-4 visa holder is admitted to the U.S. for the duration of the supporting family member's H-1B, H-2A, H-2B, or H-3 visa.




DOCUMENTS REQUIRED FOR H4 VISA
I-797 form (your H 1B approval notice)
Letter of employment from the company you work for with salary
A Letter addressing Consulate in favor of your spouse visa
Copy of relevant pages of passport : Notarized (Make sure that you have the copy of the page with current valid visa.)
Copy of the Marriage certificate : Notarized, If marriage certificate is not in English get it translated to English and get it Notarized.
Bank statement [proof of money for supporting your spouse]
A couple of your paychecks would be a plus.
Original passport of spouse (Madras counsulate is asking for color copy of the passport)
Few marriage photographs and a marriage invitation card.
Few Company photographs (1 photo of the building from outside and others inside the building preferably office rooms and/or cubicles with computers etc.)

Unless required, it is better not to provide original documents since they will likely never be returned, though the applicant should have the originals if the Consular official requests to review them at the interview.