H1B Visa Renewal Stamping with spouse as GreenCard Holder - Urgent Help Needed

N

Niharika_T

New Member
Hi,

I am a Greencard holder (got my GreenCard through my father who is a citizen) since Aug 2006. My husband is on H1B Visa who is going for a Visa Stamping in Dec (He was on L1 before and got his H1 visa even before marrying me and changed his employer recently so going for a Visa tranfer/extension stamping in India). He did not apply for GreenCard yet and is maintaining a valid visa all this time. We are planning to go to India in Dec so my questions are

1. Will my greencard status will effect him in anyway during his Visa stamping (since his spouse is immigrant in US).

2. Are they any chances for Visa Consulate officers might think his case as a potential immigrant and may cause a problem while stamping.

Please help us in this situation so that we can decide whether to go for stamping or not at this time. Any help would be greatly appreciated.

Many thanks in advance.

Thanks and Regards,
Niharika
 
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H1 is a dual-intent visa which means that he is allowed to have immigrant intent and so your green card status should NOT affect his visa stamping.
 
Thanks a lot for the quick response. I have one more question,

So If we specify in the form DS-156 for Question:
"Do you have any relationships in US who is a citizen or immigrant ?"
Ans: Yes Spouse GreenCard Holder

Then will that raise a red flag in his case and Visa Consulate Officer might think as a potential immigrant, and may ask us any questions regarding this ?

I am asking this again because, we just want to make sure that we are going in the correct way and gather as much as information before we go to the Visa Stamping.

Please help us out with our situation.

Thanks and Regards,
Niharika
 
You must always answer all questions on the visa application thruthfully. So, I don't see why or how answering yes should disqualify him for H1 visa. If he was applying for F1 or any other non-immigrant visa that is not dual-intent, I will say your being a permanent resident could disqualify him.

If you are still in doubt you may want to pose the question to an immigration attorney.
 
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Thanks for the information. It is really very helpful to us.

Yes we want fill the Visa application truthfully with all the facts, we didnt know that H1 is dual-intent visa.

So according to you he should not have any problem with his H1B Visa stamping with my greencard status correct ?

Thanks again for all your help

Regards,
Niharika
 
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