Spouse of GC holder with H1B - Stamping question

[rjo1]

Hi!

With all the problems/backlog with spouse of GC holder:

If spouse of GC holder gets an H1B - when she goes for stamping of H1B in India, should she declare marriage to GC holder if asked.

H1B is done on her maiden name, as it was applied for before marriage.

Thanks.
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[mgh2001]

Yes she should - she should always be truthful when asked questions by a consular officer or INS.

And there are no downsides or risks to declaring her marriage to GC holder ( and any family based immigrant petition filing as well). H-1B holders enjoy dual intent i.e., they do not have to prove non-immigrant intent (different than B1, F1 holders etc.)