Hello,\nMy fiance is coming on Visitor visa to US from India. We plan to get married here in the US. Can he apply for an H4 visa as my dependent? I am on H1B. Does he have to go back to home country? Are there any problems associated in this transfer process?
126231
Yes he has to back. Once he comes you have 90 days to get married. Then he goes back. Once you apply it should take you about 2 yrs to get him here.
654744
Get married to a residant of the US, get ure H1 visa and ure in!!!
517287
I doubt if anyone in YA can sponsor your husband. \n\nInstead of asking here, I suggest your husband starts scouting for job sites such as Monster.com http://www.monster.com and find employers who  are looking for someone with his qualifications. If your husband is talented and experienced enough (and no American can fill his position), the company may want to sponsor him. \n\nNote though that your husband has to be extra special for an employer to actually fly to him for the interview.\n\nOtherwise, it might be useful to try to get a tourist visa first. Come to the USA and use that visit as a springboard for interviewing with potential employers. Be careful though when applying for a tourist visa not to mention that your husband is planning to look for work. Once the consul detects that you're planning to work in the US, you will not receive a tourist visa.\n\nSponsoring an alien for employment is not without any expense, both time and resources. The H1B route is quick and you can get your visa in 3 months or even less. But you are allowed to stay for 3 years renewable for another 3 years. \n\nThe better route is immigration through employment, as that leads to green card immediately. But the process is long and tedious as you first have to get a Labor Certification to prove that no American will do the job better. Labor Certification alone can take up anywhere from 2-5 years depending on the backlog in the state. \n\nI suggest you read the following instructions on employment based immigration -- and yes, an employer who will sponsor your husband is the requirement\n\nhttp://travel.state.gov/visa/immigrants/types/types_1323.html
205449
well it's a bit o catch 22. To go to the US you need a visa (nonimmigrant or immigrant). Now to get a non-immigrant visa you need to demonstrate that you don't intend to immigrate there. The moment you apply for any type of immigration you become ineligible for any type of non-immigrant visa and also for the visa waiver program (if you qualify for it in the first place).\n\nNow suppose that you have a tourist visa or are a student and you go to the US and say get married after a few months, then you can file for a change of status there as your original intent was not remain there. Now beware that this could be tricky, if they discover somehow that you lied in the first and you intended to stay all along they could deny your application.\n\nIn your case, since you got married outside US, you must wait for your paperwork to get processed before going there (for reasons described above). If going to the US was so important to you, you should've applied for a K-1 fiance visa and gotten married in the US (that's the purpose of the visa), then, you could've filled for a change of status in the US. If you decided to get married and apply outside US then being there must've not been so important to you.\n\nIt's hard to say how long your application will take (it depends on the country and how busy they are) so the most you can do is keep calling them and hope for the best.\n\ngood luck
428395
You asked this question as "Monsoon05" and also as "Jk" - so you are still pretty good at lying and playing games with the system.  Do you think the answer will change?\n\nWhen people write to complain that they can't get a visa to come to the US, or there are long delays in their cases, it is because of people like you who have intentionally lied to get some sort of immigration benefit from the US government.\n\nYou lied that you were not married so it would be easier to get an H1b visa, then you bought a fraudulent marriage certificate to support your claim, then you applied for your wife to come to the US and now she is leaving you and you are afraid of your past deeds - good! You are an example of everything that is wrong with our immigration system - the loop holes and technicalities that are exploited by citizens of other countries, who then enter the US and lie again to get other benefits to which they are not entitled, then cheat on their taxes, so that someone else is paying for everything. In this case, I hope for nothing more, or less, than karma.
264311
The children will need to apply for B1/B2 visitor visas through the US consulate having jurisdiction over their foreign residence (unless they are from a visa waiver country). \n\nGiven their ages, it is imperative that you and their parents both write letters in support of the visa applications specifically mentioning the purpose of their visit, the proposed length of stay, and that they will be returning home after their visit. You will need to attest that you will offer financial support (i.e. food, housing, etc.) while they are here and that you will ensure their return home. Their parents need to attest that they have no objection to their children visiting you and that they will provide any additional financial support that may be required (it might be a good idea to include copies of their recent bank statments and letters from employers to show that they can actually offer that support).\n\nIn general, the consulates are pretty easy going with young children -- especially if they are going to visit an aunt/uncle who cannot petition for them to stay in the U.S. Make sure the kids have valid passports and that all of the appropriate DS Forms (visa application forms) are filled out. Children under 14 are usually not interviewed, but the consulate may require them to show up to ensure that they are in fact real people.\n\nGood luck!
413476
I would strongly recommend seeking the advice of a lawyer now, to get all the correct information you can.  You do not want to lessen the chances of your fiance to come back to or stay in your country.  If you are in the U.S., you can apply for a fiance visa, but if you get married first while he is here on a tourist visa, he may very well have to go back to his country first and wait for the visa to be approved, depending on how long the tourist visa is for.\n\nIt really is best to get all of your facts straight before proceeding.  Consult a lawyer this coming week, and/or go read through all of the immigration information on your country's immigration website.  Best to be informed and ready to deal with whatever you have to deal with.\n\nBest of luck!
131079
It's almost impossible to get a visa just to visit USA from certain countries. If he doesn't have American citizenship, I'm not sure what his options are. \nIf he is American, he either needs to come there to live with you or at least get married there, and then you can go to the American embassy in your country & apply for a petition for an alien relative. You will be asked questions at the petition interview to make sure the relationship is a real marriage. If they determine it is, they will approve your application. Then you can get an appointment @  the embassy for an interview for a visa. Remember your husband is your sponsor and has to show 3 years of income tax returns to prove he can support you here.\nI know these facts are true because my husband is egyptian and we just went through this process. We got the petition and visa approved in a little less than 3 months.\nWhat is your fiance's problem that he can't go to Russia to live? Or to at least marry you there, if he loves you and wants you to come to USA to live? He has to be willing to help you in any way he can. You can't do it alone. If he won't do whatever is necessary, maybe he's not sincere with you. \nGood luck & best wishes to you.\nIf you get to come, welcome to America! It is truly beautiful!
480717
You shouldn't have a hard time getting back to the states. Just might ask you why because of security reasons. Make sure your fiancee goes with you to back up your story. Also being married and having a different last name does not erase your history because passports require that you provide them with your maiden name. Coming back as a dependent will take time because the Army will have to make you a command sponsored spouse, you will have to wait for your command sponsored passport which will take a few weeks, Also make sure your husband to be will be staying here because of the base reallignment and all. Go home as soon as possible because Germans really hate people utilizing their benefits and good will.
401462
Its better to consult US visa issuing authority on the  subject. But apparently it seems that both visas cant be there same time.\n As in VISIT application form there is a check-box asking 'wud you work over there'.\nHow that question be replied in 'NO', where there is H1 on the passport.\nAnd how that can be 'Yes', when you are applying for VISIT Visa.
402615
If he is overseas, you may have to apply using an I-130 (Petition for relative) .Once he is here he'll have to Adjust his status based on marriage to a US citizen! These forms are the last I knew of!\nI-485( Application to register permanent residence or adjust status) ,(2) Forms G-325A ( Biographic information), Form 9003(IRS info) Form I-693 ( Medical examination of aliens seeking adjustment of status), Form I-130( Petition for Alien Relative), Copy of his birth certificate, divorce decree or certificate of death if applicable to previous marriage, Copy of your birth certificate, Copy of his passport info page, immunization records, I- 756 (Employment authorization document), Copy of his US Visa, Copy of original Marriage license from court ( NOT MARRIAGE CERTIFICATE), I-864 ( Affidavit of support) . There is additional info needed as instructed on the forms! This is the green card package based on marriage to a US citizen! Please check the USBCIS (INS) website for any recent changes!   Good Luck!!
478335
That is definitely a problem. Why lie about marriage status for an H1B? No answer is better than another, and being married delays nothing. Now you have put any chance at residency in question.\n\nBe honest!
106695
you can get married. THEN call the immigration office and ask them what forms you need. That's exactly what me and my husband did. hes from Australia. he was here on a 90 day visitors visa..and we told them we got married..and they said file the forms. easy as that. They allow this kind of thing to happen..it's under Section 201B of the INS Act.\n\npeople who have never been through it..do not know what they are talking..you need to talk to someone at the INS. We did not have a k-1 visa either.\n\nIf you want more information on this..you can email me and we can talk about it. Maybe i can help direct you in the right direction about forms and papers.\n\nGood luck! it's not easy to do..but it is doable!
290559
First of all if he did not divorce her before he married you...yours is not a legal marriage. The USA recognizes marriages in another country. Secondly, he entered into an illegal marriage with you for citizenship.\nThis poor man just seems to have trouble finding his niche in life. Tell him to stand up if he wants to be your husband or go to see Immigration and see to it that he gets to go home to India. Don't worry there are many men who want a nice woman.
74602
There won't be any problem, the immigration system will allow you to sponsor him through a visa. They will background check him though. This will take alot of time, with all the budget cuts. It is mostly red-tape and hassle that you will experience. You would actually do better if you went to the UK right now, and did it there.
339695
OK,  as far page 22 goes in the naturalization guide, it states: What if I was outside the US for between 6 and 12 months? \nIf you leave the US for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence.What is messed up about this is that all the time she accumulated prior to her trip,after the date she became a permanent resident, goes down the tubes! However , those eleven months outside now count as time she is re-accumulating back here,since her return! I  take it you guys are married at least three years otherwise she will not be eligible. Let's say she returned today, she can start counting form tomorrow! So when will she be eligible again?\n 2 Years and 1 month from tomorrow's date! Get it!  That's pretty harsh, I know!\n   It is just as  important to keep track of both physical presence and continuous residence. Physical presence involves the total number of days you were outside the US on ALL of your trips. Continuous residence involves the total number of days you were outside the US in a SINGLE TRIP! In all she has to accumulate at least 3 years because she is married to you (A US CITIZEN) In general, do not stay outside of the US for more than 6 months!
305161
You cannot have two visas at the same time. The visa that is later in time will supercede the older visa. \n\nIf your employer intends to send you to the U.S. for six months or less, then you can simply apply for a B1/B2 visitors visa (just be sure you are paid through the company in India, and not the U.S.). In such a case, it would also be in your best interest to amend the H1 petition to indicate a start date of March 2007.\n\nGood luck!