Canadian spouse H4 Documents for travel and re-entry to US.

[cman1980]

HI Everyone,

My wife is Canadian and I live in the US on H1B. She will accompanying me to the US after our wedding ceremony in Sri Lanka in June. I know she will get her passport stamped for H4 at the airport when we arrive in the US. However, I have a couple of questions that I don't seem to find a clear answer to.

1. When she gets her H4 stamping at the airport. Does the CBP issue any documentation for her status (like my I-797)? or is it just a I-94 with H4 stamp? I am asking because, when she travels on her own after that, what does she need to produce at each time she re-enters the US? is it my I-797?

2. My I-797 expires 2 months after our arrival. My company is planning on applying for an extension. What happens to her status while my extension is pending? I am assuming her I-94 will end the day my current 797 expires. Does she need to cross the border again? Or is there a way to file for her H4 extension as well? what document will she get to prove her H4 is being extended?

Thanks in advance.

 

[TheRealCanadian]

I know she will get her passport stamped for H4 at the airport when we arrive in the US.

Yes, but it won't be a visa stamp. It will just be a copy of the same stamp on the I-94.

Does the CBP issue any documentation for her status (like my I-797)? or is it just a I-94 with H4 stamp? I am asking because, when she travels on her own after that, what does she need to produce at each time she re-enters the US? is it my I-797?

She just gets an I-94. For re-entry, she needs a copy of your I-797, a copy of the marriage certificate and a copy of your I-94.

My I-797 expires 2 months after our arrival. My company is planning on applying for an extension. What happens to her status while my extension is pending? I am assuming her I-94 will end the day my current 797 expires. Does she need to cross the border again? Or is there a way to file for her H4 extension as well? what document will she get to prove her H4 is being extended?

She needs to file an I-539 extending her H-4 status. It should be filed along with your H-1B extension.