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Planning on getting married and question about H4 visa

By foxmon in Adjustment of Status from Work, Student, & Tourist Visas

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foxmon Newbie

foxmon   0

Posted
Filed: Timeline
Posted

I am currently working in the US on a H1B visa and planning on getting marry to my girl friend in Canada this year. I am also applying for green card and currently in the perm stage. I want to get get married ASAP, so my girl friend will be eligible for green card application before I submit I485. Right now, I am a little confused and I am worrying I wont be able to get everything done before I485 comes. From what I have read so far, we need to get married (obviously) and get marriage certificate, then she needs to apply H4 on her own then she can move down to the US and wait for I485.

Here are my questions:

1. Do I have to be physically there with her in Calgary when she applies for H4?

2. What document besides marriage certificate does she really need? I have read everything from wedding album to w2 to pay stubs.

3. After she gets her H4 does she have to come down right away or can she stay there for a couple of months before she comes down?

4. Can she apply for I485 in Canada after she got her H4 or does she have to be physically in the US to be eligible?

5. I was reading about H1b stamping and I don't quite understand it. All I have a form called I797A. Half of the form has my name, company's name, valid duration I94 number and Class (h1b) while the other half has I94 on it. If I were to leave the US do I just show the custom officer this form when I return? Or do I need to get this H1B stamping thing.

Sorry for sounding so clueless, but there are so many stuffs on the web on this topic I think I am getting more confused from reading them.

Thanks in advance,

Andy

Reba Experienced

Reba   2

Posted
Filed: Other Timeline
Posted

Yes, she can apply for the H4 at the POE when she crosses. She'll need to bring with her proof of your marriage, and proof of your current status, plus the forms and filing fees.

I have no idea how it works after you get your green card though. For LPRs to sponsor a spouse can take YEARS, and once you get your green card, I do believe that her H4 status (and EAD that goes with it), is void.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

thetreble Experienced

thetreble   19

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
For LPRs to sponsor a spouse can take YEARS, and once you get your green card, I do believe that her H4 status (and EAD that goes with it), is void.

I believe this to be true. You are looking at a long road ahead of you.

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
I am currently working in the US on a H1B visa and planning on getting marry to my girl friend in Canada this year. I am also applying for green card and currently in the perm stage. I want to get get married ASAP, so my girl friend will be eligible for green card application before I submit I485. Right now, I am a little confused and I am worrying I wont be able to get everything done before I485 comes. From what I have read so far, we need to get married (obviously) and get marriage certificate, then she needs to apply H4 on her own then she can move down to the US and wait for I485.

Here are my questions:

1. Do I have to be physically there with her in Calgary when she applies for H4?

2. What document besides marriage certificate does she really need? I have read everything from wedding album to w2 to pay stubs.

3. After she gets her H4 does she have to come down right away or can she stay there for a couple of months before she comes down?

4. Can she apply for I485 in Canada after she got her H4 or does she have to be physically in the US to be eligible?

5. I was reading about H1b stamping and I don't quite understand it. All I have a form called I797A. Half of the form has my name, company's name, valid duration I94 number and Class (h1b) while the other half has I94 on it. If I were to leave the US do I just show the custom officer this form when I return? Or do I need to get this H1B stamping thing.

Sorry for sounding so clueless, but there are so many stuffs on the web on this topic I think I am getting more confused from reading them.

Thanks in advance,

Andy

  1. As Reba stated, she can get her H-4 at Calgary Airport's PFI
  2. Proof of your status, marriage cert
  3. Well...if it is through Calgary Airport's PFI, no post-approval choice except to proceed to US; not sure about land POE's
  4. Well, here it becomes a little more complicated. You can have specified on your I-140 that you will do Consular Process @ Montréal, or you can do I-485 in US
  5. Canucks do not need H1-b stamping; usually, just showing the I-797 (notice of approval) works fine
(as ex-Calgarian--I was raised in that city from ages 8-27--who got Consular GC from Montréal from a TN-1...)

For Reba: if she is on H-4, she qualifies as "derivative" immigrant, and it will only take as long to get her GC as her hubby's (foxmon); sponsoring her for GC after getting his own will take much longer.

Link to current visa bulletin for extremely rough idea of how long: http://travel.state.gov/visa/frvi/bulletin...letin_4438.html

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

thetreble Experienced

thetreble   19

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

What exactly is an H-4?

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
What exactly is an H-4?
Dependent (non-work-authorised) visa derivated from H1-b.

Andy, there is also another point I forgot to mention, that of follow-to-join. If you are married prior to getting your GC (works both by AOS or Consular Process), then your wife can come in under this category.

http://immigration-information.com/forums/...read.php?t=7207

http://immigration-information.com/forums/...read.php?t=6135

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

foxmon Newbie

foxmon   0

Posted
Filed: Timeline
  • Author
Posted
What exactly is an H-4?
Dependent (non-work-authorised) visa derivated from H1-b.

Andy, there is also another point I forgot to mention, that of follow-to-join. If you are married prior to getting your GC (works both by AOS or Consular Process), then your wife can come in under this category.

http://immigration-information.com/forums/...read.php?t=7207

http://immigration-information.com/forums/...read.php?t=6135

Cherry thanks for the information, after talking to a few colleagues that have gone through the similar process, I think my best bet is to get married and move her down before I submit I485 so she can get her GC when I get mine. Most my colleagues were able to get their GC within 1.5 year.

 
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