H1B/H4 Visa --Marriage--- Please Help

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TroubledGC

Registered Users (C)
Hi Everyone,,

I have a problem that i need some help.

I am on H1B. I have also filed my greencard and my PD is current. I would like to get married soon before I get my GreenCard approved so that I can bring my wife to the states. (the processing date for 485 is Aug 10th and I field my 485 in Nov)

I am planning to go back home and get married sometime in Sept so that she can immediately apply for H4. The consulate that she needs to go has more than two months delay on appointment and as a result of that i need to make an appointment for her as soon as possible.

To make an appointment for her I need to fill the DS156 form beforehand, which has questions regarding her marital status.

Here is my question what should she fill her marital status as at th time of the interview she will be married, while now that I am filling the DS156 she is yet single.

Please help

Thanks alot
 
The information that is entered in any DS* forms (or for that matter any other immigration form) is the correct information applicable as of the time of entering data in that respective form.

What you are mentioning is a kind of a hypothetical situation and I don't think you can enter such information in an immigration form. The specific DS-156 does not allow an alien to enter comments against most columns, so I believe the recommendation would be to either wait until you get married or consult an attorney.
 
Hi,

Can I fill it out as single and then change it before the interview. I am really worried to wait more than this as my GC may be approved any day and even if I want to make an appointment now the available interviews would be in October.

Please help

Troubled

JohnThomas82 said:
The information that is entered in any DS* forms (or for that matter any other immigration form) is the correct information applicable as of the time of entering data in that respective form.

What you are mentioning is a kind of a hypothetical situation and I don't think you can enter such information in an immigration form. The specific DS-156 does not allow an alien to enter comments against most columns, so I believe the recommendation would be to either wait until you get married or consult an attorney.
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If you are sure that you are going to marry her, then only put marital status as married and you are the husband. If at all, it is questioned then she can explain the situation.
 
TroubledGC said:
Hi,

Can I fill it out as single and then change it before the interview. I am really worried to wait more than this as my GC may be approved any day and even if I want to make an appointment now the available interviews would be in October.

Please help

Troubled
Click to expand...

I would not play with it. First of all H4 application is allowed to file if your are married. In your case you are not yet. You can do one thing, you make H1 visa appointment for your self. When you get marry you can take her with you and request at consulate and normally they allow to accompany with you as you already have the appointment. Most important thing for you is your marriage should take place before the date of approval. You should be more concerned about that. This is just my view, you should contact your lawyer.
 
My situation is that we have a date on late Sept and i am in the states and I can not go home now as I need to get time off then. so I really need to get her an appointment now. If I wait till end of Sept then her appointment may be in Dec which is passed my GC approval time.

I am hoping to get her H1B and not to go for Cosular processing -follow to join as the Nebraska wait time is more than 16 months and the results are not sure.

Any suggestion,

thanks a lot.

troubled


immi_mygc said:
I would not play with it. First of all H4 application is allowed to file if your are married. In your case you are not yet. You can do one thing, you make H1 visa appointment for your self. When you get marry you can take her with you and request at consulate and normally they allow to accompany with you as you already have the appointment.

Most important thing for you is your marriage should take place before the date of approval.

You should be more concerned about that. This is just my view, you should contact your lawyer.
Click to expand...
 
I have one more suggestion, I do not know how feasible it is, may be you can contact a good lawyer. You can withdraw I-485 and re-apply when after all these are done.
 
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