H1 for spouse of a GC holder

T

timesnap

Registered Users (C)
Hi

My husband is in India and his H1 is being processed here. I recently applied for citizenship here before marrying him. My question is "should he disclose that he is married to me " when he goes to embassy for his H1 visa. Can they turn him down because his wife is here ? -- Confused !
 
Hi timesnap

I might be wrong on this (JoeF and others, please comment), but H1 and F1 are non-immigrant visas that carry a dual-intent i.e. you're not required to prove to consular officers that you have no intention of immigrating when you get to the US. In otherwords, you are perfectly free to adjust your status at a future date without repercussions.

As alternative plan, your husband could wait till you earn US citizenship, after which you can file for a GC on his behalf

solasoy
 
You should disclose it in the application to avoid any complications later on. They cannot deny based on immigration intent as H1 is a dual intent visa. However, his application may be scrutinized to make sure that he is indeed qualified and that you are not simply using H1 as a means of bringing him here. As long as he has enough experience to qualify for H1, he should be fine.
 
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