H1B, H4 and marriage

N

nico_world

Registered Users (C)
Hi,

I am getting married in July 2004. We are planning to move to the US ASAP. For this, I will get a H1B and my wife will get a H4.

1- do we need to apply for H1B and H4 visas at the same time? which would mean we have to wait to be married first.

2- or can I apply for my H1B first (before we get married), then get married and then she applies for her H4?

3- how long does it take to get the H4 visa?

Thanks in advance.
Nic
 
A1. you can not apply for her H4 until you get a marriage certificate...so first get married.
A2. You both, after marrige, can apply for H1 and H4 together... or seperate but H4 should follow H1
A3. first you need to take an appointment at US embassy nearby your native place for H4 and if approved you shall get your stamped passport on the same day (this practice might have changed recently.....to postal return) You can call US emabassy and check it out. I assume your not in usa... Good luck!
 
Thanks for your answer. I am realizing my question is not totaly clear.

The two options I see are:

1- I get a H1B visa early next year (let's say March/April), move to the US by myself, get married in July and then my wife applies for a H4 visa and join me.

2- I get married in July, then apply for H1B while she applied for H4 at the same time.

I know option 2 is fine. But I'd like to know if option 1 is ok too. Or would she run into troubles when applying for her H4 visa (as we would not have been married when I had got my H1B)? Would it be harder for her to get her H4 if she does not apply at the same that I do?

Thanks again.
Nic
 
Both options are equally safe as long as the H1b cap is not reached when you (alone or both) apply for your visa.
The sooner the better.
 
Thanks.

The H1 cap is the total number of H1 visas allowed per calendar year. So starting at zero on Jan first. Am I right?
 
Originally posted by nico_world
Thanks.

The H1 cap is the total number of H1 visas allowed per calendar year. So starting at zero on Jan first. Am I right?
Click to expand...

Not January but November (It is not calendar year).
 
I think the year starts on Oct 1 and ends Sept 30. Also the cap is for new H1B petitions in the US, and may not affect the number of visa stampings abroad.
 
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