Urgent help - H4 visa, H1 with a DUI

zip_0101

Registered Users (C)
Hi,

Will there be any issues for a H4 visa/stamping?(@ Chennai consulate)
I had a DUI in Feb'07 and my wife after my up-coming marriage needs to get her H4 visa with my 3yr H-1 extension approval notice.

Any experiences and/or advise greatly appreciated.

Thanks
 
Confused and no idea what to do.

Hello,

Does anybody have an idea or experience about the situation I have posted?

Lawyers tell me that h4 stamping should not be an issue. However, I am tensed and totally confused.

Could anybody please comment and share any experiences?

Thanks a lot in advance.
 
You are on H4 and caught on DUI. Great ;-)

This shouldn't have any effect on your H4 visa extension. You will be okay.
 
Thats incorrect. I am on H1 and got a DUI. I didnt have a problem in my H1 extension.

I was inquiring abt any issues for my future wife(H4) when she attends her visa interview.
 
OOPS, Misread. Sorry Zip. Yourself or your wife shouldn't have any issues. Thanks.
 
No. Why would it? You're still in valid H status.

I agree.

My only concern was that when my wife goes for her H4 visa, will the consular run a background check on the principal applicant i.e me (on H1)?

I have found from lawyers that the background check is done ONLY on the candidate appearing for the interview i.e my wife here. So hopefully shouldn't be any issues.

Thanks
 
Re: Urgent Help H1-DUI, and H4 Stamping

Dude,
As long as you are certain that they will not run any check on you and you have a valid passport Visa already stamped, you and your H4 based wife is safe. But if that's not the case. Then forget H1B visa stamped for any of you. :(

But even if she gets now then in future when your stamp will expire neither you or her should try to go to india to get the same. You will not get this H1B Visa stamped there as soon as they will find about DUI. So workaround transfer her to Student Visa so she will be on F1 and then she can get her own stamp if she visits India during her F1 validity period. For you waiiitttttttttttt till you get the Advance Parole on I-485. Do not go with Counsler Processing.....

-s
 
Successfull H4 visa processing

Just a quick update to help ppl in a similar situation..

My wife after our recent marriage went for a H4 visa. She didn't face any issues w.r.t H1(myself) having a DUI. As the lawyers mentioned, IBIS (security check) is done on the applicant attending the interview (H4) and not on H1 holder.

So folks getting married and are in a similar situation, have fun. No worries for now.

I will have to try & wait for 2 more years (1 year had already elapsed since I was convicted for a DUI) before going for my H1 stamping to avoid physician checks and related processing delays.

All the best.
 
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