Spouse canadian citizen her H4 stamping in chennai, India???

G

gerryboy_2k

Registered Users (C)
:confused:
Hi all,

I am on H1 and married to a canadian citizen 7months ago and successfully entered to the US with no issues H4 issued on border etc. and living together since then, now my H1 and H4 has expired march 2008, but my 3yr extension was applied in 18 Dec 2007 itself still awaiting approval(wasn't sure if she still needed a H4 ext. as a canadian but still applied). Now my question is I am visiting India during December 2008 assuming my H1 approval would be arriving by then (around this month may be as the visa bulletin shows dec 24 as the current date) but her H4 approval may not arrive by then as the dates are still around Aug 2007.

- Now my question is, if I travel to India (Chennai) I am planning to go for my visa stamping with my new 797 extension what happens to her situation does she accompany me to the consulate

- Else I just go by myself and get my H1 stamping and when we fly together she gets her h4 visa at the US border when we return based on my visa stamping as she is a canadian citizen?

- If I have her H4 ext. by then I hope at least that would be fine but I doubt I may not receive it by then.


(P.S. I have filed my 485 so I would be having my EAD and AP around that time as well)

Appreciate your help on this.

Thanks!
 
She does not need a visa sticker.

gerryboy_2k said:
- Now my question is, if I travel to India (Chennai) I am planning to go for my visa stamping with my new 797 extension what happens to her situation does she accompany me to the consulate
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That is correct.

gerryboy_2k said:
- Else I just go by myself and get my H1 stamping and when we fly together she gets her h4 visa at the US border when we return based on my visa stamping as she is a canadian citizen?
Click to expand...
 
She does not need the consular visa. You will go to the consulate to get your H1 stamp and she will get hers at the US port of entry upon her return.
 
Thanks a bunch guys, one last question:

- So what happens to her H4 extension(I filed Dec 2007thats still pending) any advice on that? What happens if that doesn't arrive before I leave to India, is it even needed at the first place, will she be asked for her extension doc when she arrives at the border? Thanks once again for your help!
 
gerryboy_2k said:
Thanks a bunch guys, one last question:

- So what happens to her H4 extension(I filed Dec 2007thats still pending) any advice on that? What happens if that doesn't arrive before I leave to India, is it even needed at the first place, will she be asked for her extension doc when she arrives at the border? Thanks once again for your help!
Click to expand...


As long as you have your visa and I-797 extended when you arrive at the POE, she can get her status extended. Have the marriage licence/certificate ready for that.
 
Yea I do have my marriage certificate etc. even initially when I got her in, I am just wondering as I am married wouldn't I been questioned about my H4 spouse at the consulate when I go for stamping, do I just explain the situation saying she's Canadian? Thanks for your time again!
 
gerryboy_2k said:
Yea I do have my marriage certificate etc. even initially when I got her in, I am just wondering as I am married wouldn't I been questioned about my H4 spouse at the consulate when I go for stamping, do I just explain the situation saying she's Canadian? Thanks for your time again!
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why would they question you about your spouse/H4 when you go for YOUR H1 stamping?

In case they do, answer them, I do not see any issue.
 
Oh okay, well I just asked you that question cause I've always gone for Visa stamping as single status I am newly married have no idea how these H4 issues work and what I would be asked for if I live with my spouse :), thanks a bunch for your time and effort. I really appreciate it. Thanks!
 
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