Petition for H4. Is there such a thing?

H

hapanimeli

Registered Users (C)
Hello,

Is there such a thing as "H4 Petition"? I'm a H1B worker getting married to a Finnish national and at the embassy there they are telling us that I need to submit an "H4 petition" and get it approved before going to the embassy for the H4 stamp. Has anybody gone through the same process? I'm in the US (NY) working and she is living in Finland. As far as I know the main requirement is my H1 Visa and I-120/797 approved petition.

Any hint or info about this will be greatly appreciated,

JC
 
hapanimeli said:
Hello,

Is there such a thing as "H4 Petition"?
I'm a H1B worker getting married to a Finnish national and at the embassy there they are telling us that I need to submit an "H4 petition" and get it approved before going to the embassy for the H4 stamp.
---------- your spouse dont need H4 petition approved by USCIS, she will get H4 visa stamp based on YOUR H1 status. The person at embassy gave you wrong info
Has anybody gone through the same process? I'm in the US (NY) working and she is living in Finland.
As far as I know the main requirement is my H1 Visa and I-120/797 approved petition.
---------- why I-120??
your passport pages, your H1 approval notice, copy of your valid I-94 (front and back) employer letter that you are working on H1 status. copy of your latest 3-4 pay stubs, copy of W-2, copy of your the full H1 petition(form I-129+LCA that was submited by lawyer/employer to USCIS. ask the lawyer he has the copy). your wife will need copy of marriage certificate her passport, fill up the form DS-156, photographs pay the fee. you can take the help of your company lawyer to prepare a letter for the embassy

you can write to US embassy address. For questions about Nonimmigrant Visa, please write: HelsinkiNIV@state.gov
Telephone: +358-9-616-25730
Phone inquiries are answered from 2 to 4 PM Monday through Thursday.
Fax Number: +358-9-6162 5800

Any hint or info about this will be greatly appreciated,

JC
Click to expand...
 
Thanks for the info! Yes, I meant I-129 (not I-120). We wrote to the embassy there but this was the reply we got:
---------------------------
Subject: RE: H-4 visa
Date: Thu, 11 Jan 2007 09:05:57 +0200
From: "Helsinki, NIV " <HelsinkiNIV@state.gov>
To: "" <AAAAAAAAA@AAAA.com>


Hello,

Your husband will need to get a petition with your name on it, similar to his petition. Once you have this document you can fill out the required application and schedule an appointment.

Sincerely,

US Consulate
------------------------------
Is there any reference to the immigration law that we can refered to next time we talk to them?

Thanks!

J.
 
hapanimeli said:
Thanks for the info! Yes, I meant I-129 (not I-120). We wrote to the embassy there but this was the reply we got:
---------------------------
Subject: RE: H-4 visa
Date: Thu, 11 Jan 2007 09:05:57 +0200
From: "Helsinki, NIV " <HelsinkiNIV@state.gov>
To: "" <AAAAAAAAA@AAAA.com>


Hello,

Your husband will need to get a petition with your name on it, similar to his petition.
----------------That is wrong info provided by Consulate, I don’t think that particular consulate deals much with H4. Better talk to your company lawyer so he can give letter that no Petition approval is needed for H4 visa stamping. Petition approval is needed for H1 approval and if at that time the person is married then the employer can write the name of spouse on the petition. Many get H1 petition then get H1 stamp then come to US on H1 and later get married and spouse just go to consulate with husband H1 approval her marriage certificate, fee, forms and gets H4 visa stamp.

Once you have this document you can fill out the required application and schedule an appointment.

Sincerely,

US Consulate
------------------------------
Is there any reference to the immigration law that we can refered to next time we talk to them?
-------------------- why dont you ask your lawyer? or keep searching, DOS, INA , AFM or USCIS site and others sites
Thanks!

J.
Click to expand...
 
Last edited by a moderator:
hi hapanimeli,

Did you finally get the visa for your wife? I am currently on H1, and when my wife went to the consulate in Sri lanka, they also asked her to bring the H4 petition. I contacted my lawyers, and they told me no such thing exists. But the consulate seems to want to it?

please advice..

thanks
-S.
 
Hi!

I'm sorry but I forgot to post an update. My wife got her H4 just fine. She just showed my H1B application, copy of my H1B visa stamp and that was about it. Very few questions.

At the end, I don;t think there's really a petition for H4. Just fill out the form at the consulate and have the spouse's H1B documentation.

Good luck!
 
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