H4 visa questions

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bmt74

Registered Users (C)
I am getting married soon and I would like to gather some info on the H4 visa.

- I know I need to submit my W2 forms when she goes to the consulate. Do they ask for all W2's or only the lateste one (current year) ?.

- They ask if I have ever been in a no job-no salary situation. What if it is true ?. Will it affect anything ?

The reason I am asking is that I have been in that situation in 2001. So the salary in LC and W2 do not match.

I would appreciate if anyone in similar situation can share their experience.

Thanks !
 
I am getting married soon and I would like to gather some info on the H4 visa.

- I know I need to submit my W2 forms when she goes to the consulate. Do they ask for all W2's or only the latest one (current year) ?.
--- They can ask anything.
- They ask if I have ever been in a no job-no salary situation. What if it is true?. Will it affect anything?
---- Yes, it may affect
The reason I am asking is that I have been in that situation in 2001. So the salary in LC and W2 do not match.

you should read the below thread: http://www.immigrationportal.com/showthread.php?s=&threadid=107471

If your consulate is Chennai expect the problems, Chennai is particular about salary on LCA and are asking truck load of documents and same has stated with Bombay
 
Ginnu,

Your answers are not very helpful - very generic in nature :(

others:

I am sure not everyone had the exact salary match in W2 and LCA. Most companies don't pay when you are in bench, hence the difference.

If you are one among them, PLEASE share your experience. My currrent W2 matches the LCA. But the previous ones do not. I just wanted to know if it is sufficient to submit only the current W2.

Appreciate your inputs guys.

Thanks !
 
Ginnu,
Your answers are not very helpful - very generic in nature

-----Nobody forces you to read my post if my answer is not helpful you can always ignore it.

Don’t you read: “Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust”
 
H4 Visa

Hi,

The following papers were asked for H4 visa application at an Indian Consulate:

1. Marriage Certificate
2. 6 Photographs and Wedding Invitation
3. Xerox of passport including I-94 ( Front to Back)
4. Letter from Employer - Stating your work in detail
5. Copy of I-797, I-129 and LCA
6. Your offer letter with the current company
7. Last 12 Months Pay Slip
8. Form 1040 and your copy of W2.(Last year)

There is a remote possibility that they ask for the preceding years(2001). However, your last 12 months paystubs should suffice.

BRS,

GOK
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I'm not a legal person, I'm one of you.
:cool:
 
one of my friends wife and children went for H4 stamping(renewal) at chennai in September 2003. First time their visa was rejected. They asked to submitt the photoes of workplace of principal alein. So after they submitted the photoes, they were given the visa.

So you never know what the chennai consulate people ask for :)
 
GOK & mmr,

thank you for your msg. I am gathering more info from the chennai_consulate yahoo groups.
 
getting all the documents given in this forums makes a lot of sense, i am taking all the docs suggstedf. one of my friend took all docs and in chennai he dint have any questions @ all
 
hey what if one does a registered marriage in US, so do they still ask for wedding invitations, pictures..etc? also, will the H4 approval be given in US, and then visa from consulate in india?
 
H4 Visa

Hello puhrince,

If you get married in US, you will get a certificate from the appropriate authorities.

You can then apply for H4 visa using the certificate.

I beleive you will not have any trouble in India for Visa Stamping.
You just need to apply with all the documents.

Marriage photos or wedding invitations are not required, but you will have to provide a photo identification for your wife, be it in terms of a US Driver's licence or any US photo identification card.

To be doubly safe, take a couple of photographs with the marraige registering authority.

Good Luck and Congratulations.

BRS,

GOK
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I'm just one of you. Talk to a legal advisor before you proceed.
:)
 
godonlyknows - nice name buddy...i guess ur name implies that you have been waiting forever for a gc?
anyways thanks for your info..i guess then i have another follow up question - can someone (or rather my fiancee) come on F-1 and then convert to H-4 here after having a registered marriage? the reason for this being that on H-4, the fees are considered in-state resident fees because i am on H-1. the only info i could find was regarding H-4 to F-1 - i am looking at the reverse.
 
F1-H4

Hi,

Anyone can apply for a F1 visa. As long as your fiancee has a good academic record, an I-20 from a good institution and sufficient financial back-up, it would not be a problem for her to get a F1 Visa. Also you have to note that if they put a query under section 221(g) or 214(b), the option of getting a h4 visa later at the same consulate will be an issue.

To seek a H4 visa, it is better that you send her your financial statements, w2, 1040, letter from company and photographs of your company to avoid any queries.

Moreover, as stated in your question, I'm doubtful how you can show residency status for instate tution fees. The fineprint in college websites state that the applicant should have stayed in the state for 12 months and should be a legal resident. If your fiancee( then wife!) is on H4 she would not be eligible for Instate tution fees.

I have had this experience at GSU and GA tech wherein, we had stayed in GA for over 2 years with a valid EAD. My wife was still considered an International student. Check twice before you commit to it!

Some community colleges may give you an instate status but they cannot issue her an I-20.

Take care and check with colleges regarding Instate fees.

Cheers!

GOK
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Not a legal advice....:)
 
214(B) / 221(G)

Hi,

Here you go....

Section 214(b) of the United States Immigration and Nationality Act states that: "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa that he is entitled to non-immigrant status" This means that most visa applicants* must convince the Consular Officer of the following:

that he or she intends to return to his or her home in India following a temporary stay in the United States,
that his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S.,
that the travel is for legitimate purposes permitted by the applicant's visa category.

Section 214(b) ineligibilities are not permanent. If you have new information or if your overall circumstances have changed significantly, you may reapply.

*Major exceptions: H1-B, H-4, L-1, L-2, R-1, R-2 visas.

One common misconception about section 214(b) ineligibilities is that qualifying for a visa is just a matter of providing more documents. As has been noted above, a visa decision is not simply based on documents. Rather, the visa interview itself is critical. All documents listed on our website or in our telephone messages are suggested documents that allow you to apply for a visa and allow us to make a proper decision. No one document or information guarantees visa eligibility.
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221(g)

Applicants are ineligible under section 221(g) because the applicant failed to bring some information or document, or some further procedure or review by us or another U.S. government agency must be completed.

If you have been requested to wait until the Consulate contacts you, please do not make an appointment. Your case requires further administrative processing and the Consulate will contact you once this has been completed.

If your visa was not issued under section 221(g), you may be required to fill out a new application form. Please refer to the instructions that were given to you at the time of your refusal. If you re- apply for a visa within one year of a 221g refusal, you will not need to pay a new application fee.

Hope this clarifies your doubt.

BRS,

GOK
 
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