The H4 visa allows the spouse and dependent children of an H1B (or H2A/B) visa holder to travel to the United States with the primary applicant. Although the H4 is technically classified as a ‘work’ visa, the qualifications depend on the applicant’s relationship to the primary visa holder. Many spouses and children apply for their visas simultaneously as the primary H1B visa applicant. When the H1b and H4 apply at different times, the H4 visa interview is more about the H4’s relationship to the primary visa holder.
Here are three tips to be prepared for the H4 visa interview questions.
Tip #1 Proper Information on the H1B DS-160 Application
Surprisingly, the first tip for a successful H4 spouse interview is to ensure all the information on the primary visa holder’s DS-160 visa application is true and correct. The DS-160 application has a specific question about the applicant’s marital status and the spouse’s name. It is not uncommon in some countries for primary applicants to state they are single in the mistaken belief that married applicants are not approved. The spouse applies for her H4 with a marriage certificate that predates the primary visa application.
During the adjudication process, the Consular Officer checks the DS-160 of the original applicant and sees a spouse not listed. Then, it becomes very difficult for the H4 spouse applicant to prove their bona fide relationship to the primary applicant. The lesson is to be truthful and not hide any information on any DS-160 visa application form.
Tip #2 Document, Document, Document
Since the H4 visa solely depends on the marriage, blood, or legal relationship to the primary applicant, bring in as much documentation as possible to establish and support this relationship. For a spouse H4, a marriage certificate is the minimum needed, but additional supporting evidence, such as photos of the wedding or pictures of anniversary parties, are also useful to bring. For F4 children, the child’s birth certificate showing a biological relationship to either the H1B primary applicant or the H4 spouse is required.
If the H4 children are adopted, bring all legal documents showing the final court decree of the adoption. Each country’s legal system for adoption is different, but “guardianship” arrangements are usually insufficient for a H4 visa. Foster children or extended families are also not qualified for H4 status, and trying to include them can result in the entire family being denied visas. In any case, family photos are useful to establish a legitimate family unit.
Tip #3 Share Plans for Living in the US
During the interview, especially for a H4 spouse, the Consular Officer may ask about the family’s plans for living in America. This may be done for two reasons. First, the Consular Officer wants to see how much the spouse knows about the primary applicant’s life in the US to test if this is a legitimate relationship. A spouse will know their other spouse’s job, living situation, and daily routine.
Also, a legitimate family will have made plans for transportation, finances, and schooling for the arriving family members. H4 spouse applicants should be able to discuss all this with the Consular Officers. Second, the Consular Officer must ensure that the primary H1B applicant has the finances to support their additional family in the United States. The Consular Officer determines if the family has a credible plan to address the financial expenses.
The H4 visa interview process is fairly straightforward, but care must be taken to make sure that all the needed documentation is provided and that the family has thought about how moving to the US will affect them. Usually, with some USA visa interview preparation and forethought, the interview will be quick and easy.
DISCLAIMER:
This blog does not endorse or advocate for any illegal activities. All content presented here is intended for educational purposes only. The viewpoints expressed do not constitute legal advice and are solely based on the writer’s opinions and experiences. Please use the information provided responsibly. Any advice given is of a general nature and should be applied to your specific circumstances with caution and consideration.
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