Chances of H4 Visa
Dec 18th 2002, 2:41 pm
#1
Guest
Posts: n/a
Chances of H4 Visa
Hi There!
I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
While in USA I transferred my B1 Visa to F1, and continued with
Masters. Unfortunately when I came to India in holidays of May 2002
(after 11th Sept.) and went to US consulate for F1 Visa stamping, they
rejected it, saying that they did not like me changing my intensions
after going to USA on business visa. I tried to convince them thrice
(2 interview + 1 by mail application) but didn't work.
Presently I am working as a S/W professional in India. I am planning
to marry a H1 holder person as decided before. But now on this
background I would like to first find out the risk involved in
applying and getting H4 Visa. As per my understanding getting H4 is
not hard. But, if there are chances that my H4 will be rejected
(thought my spouse holding valid H1B), I may not choose to marry an H1
holder and get involved in legal matters again.
Please let me know any information anyone might have about this since
it will going to be an important decision for me as far as my personal
life as well as my career is considered.
Thank you in advance.
Regards,
Ms. Bhise.
I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
While in USA I transferred my B1 Visa to F1, and continued with
Masters. Unfortunately when I came to India in holidays of May 2002
(after 11th Sept.) and went to US consulate for F1 Visa stamping, they
rejected it, saying that they did not like me changing my intensions
after going to USA on business visa. I tried to convince them thrice
(2 interview + 1 by mail application) but didn't work.
Presently I am working as a S/W professional in India. I am planning
to marry a H1 holder person as decided before. But now on this
background I would like to first find out the risk involved in
applying and getting H4 Visa. As per my understanding getting H4 is
not hard. But, if there are chances that my H4 will be rejected
(thought my spouse holding valid H1B), I may not choose to marry an H1
holder and get involved in legal matters again.
Please let me know any information anyone might have about this since
it will going to be an important decision for me as far as my personal
life as well as my career is considered.
Thank you in advance.
Regards,
Ms. Bhise.
Dec 18th 2002, 2:50 pm
#2
Guest
Posts: n/a
Re: Chances of H4 Visa
Swati wrote:
>
> Hi There!
>
> I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
> While in USA I transferred my B1 Visa to F1, and continued with
> Masters. Unfortunately when I came to India in holidays of May 2002
> (after 11th Sept.) and went to US consulate for F1 Visa stamping, they
> rejected it, saying that they did not like me changing my intensions
> after going to USA on business visa. I tried to convince them thrice
> (2 interview + 1 by mail application) but didn't work.
>
> Presently I am working as a S/W professional in India. I am planning
> to marry a H1 holder person as decided before. But now on this
> background I would like to first find out the risk involved in
> applying and getting H4 Visa. As per my understanding getting H4 is
> not hard. But, if there are chances that my H4 will be rejected
> (thought my spouse holding valid H1B), I may not choose to marry an H1
> holder and get involved in legal matters again.
>
> Please let me know any information anyone might have about this since
> it will going to be an important decision for me as far as my personal
> life as well as my career is considered.
>
> Thank you in advance.
>
> Regards,
> Ms. Bhise.
They may be suspicious of the validity of the marriage ... since the way
you describe it, it sounds like a marriage of convenience to get you to
the USA.
>
> Hi There!
>
> I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
> While in USA I transferred my B1 Visa to F1, and continued with
> Masters. Unfortunately when I came to India in holidays of May 2002
> (after 11th Sept.) and went to US consulate for F1 Visa stamping, they
> rejected it, saying that they did not like me changing my intensions
> after going to USA on business visa. I tried to convince them thrice
> (2 interview + 1 by mail application) but didn't work.
>
> Presently I am working as a S/W professional in India. I am planning
> to marry a H1 holder person as decided before. But now on this
> background I would like to first find out the risk involved in
> applying and getting H4 Visa. As per my understanding getting H4 is
> not hard. But, if there are chances that my H4 will be rejected
> (thought my spouse holding valid H1B), I may not choose to marry an H1
> holder and get involved in legal matters again.
>
> Please let me know any information anyone might have about this since
> it will going to be an important decision for me as far as my personal
> life as well as my career is considered.
>
> Thank you in advance.
>
> Regards,
> Ms. Bhise.
They may be suspicious of the validity of the marriage ... since the way
you describe it, it sounds like a marriage of convenience to get you to
the USA.
Dec 18th 2002, 8:30 pm
#3
Guest
Posts: n/a
Re: Chances of H4 Visa
Swati,
I sympathize for your failure to get back the F1 visa that you lost once you
went back to your home country. But your other concern is totally bizarre
and laughable. What do you mean by saying that if you get H4 easily, you'll
marry the H1B holder otherwise you will marry someone in India to avoid
legal trouble.
It seems that for you marrying a person who's working in the United States
is just a way to get to the US and nothing else!! You seem to not understand
and have the feelings and emotions involved when one gets married to
someone.
Asking these kind of foolish questions is disgrace for Indians. This might
be a matter of embarrassment for people from India who are living in the US.
And those who actually have feeling for their life partners/would be life
partners may also suffer due to this selfish attitude of yours towards a
pious relationship as marriage.
Please don't ask such questions!
"Swati" wrote in message
news:[email protected]...
> Hi There!
> I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
> While in USA I transferred my B1 Visa to F1, and continued with
> Masters. Unfortunately when I came to India in holidays of May 2002
> (after 11th Sept.) and went to US consulate for F1 Visa stamping, they
> rejected it, saying that they did not like me changing my intensions
> after going to USA on business visa. I tried to convince them thrice
> (2 interview + 1 by mail application) but didn't work.
> Presently I am working as a S/W professional in India. I am planning
> to marry a H1 holder person as decided before. But now on this
> background I would like to first find out the risk involved in
> applying and getting H4 Visa. As per my understanding getting H4 is
> not hard. But, if there are chances that my H4 will be rejected
> (thought my spouse holding valid H1B), I may not choose to marry an H1
> holder and get involved in legal matters again.
> Please let me know any information anyone might have about this since
> it will going to be an important decision for me as far as my personal
> life as well as my career is considered.
> Thank you in advance.
> Regards,
> Ms. Bhise.
I sympathize for your failure to get back the F1 visa that you lost once you
went back to your home country. But your other concern is totally bizarre
and laughable. What do you mean by saying that if you get H4 easily, you'll
marry the H1B holder otherwise you will marry someone in India to avoid
legal trouble.
It seems that for you marrying a person who's working in the United States
is just a way to get to the US and nothing else!! You seem to not understand
and have the feelings and emotions involved when one gets married to
someone.
Asking these kind of foolish questions is disgrace for Indians. This might
be a matter of embarrassment for people from India who are living in the US.
And those who actually have feeling for their life partners/would be life
partners may also suffer due to this selfish attitude of yours towards a
pious relationship as marriage.
Please don't ask such questions!
"Swati" wrote in message
news:[email protected]...
> Hi There!
> I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
> While in USA I transferred my B1 Visa to F1, and continued with
> Masters. Unfortunately when I came to India in holidays of May 2002
> (after 11th Sept.) and went to US consulate for F1 Visa stamping, they
> rejected it, saying that they did not like me changing my intensions
> after going to USA on business visa. I tried to convince them thrice
> (2 interview + 1 by mail application) but didn't work.
> Presently I am working as a S/W professional in India. I am planning
> to marry a H1 holder person as decided before. But now on this
> background I would like to first find out the risk involved in
> applying and getting H4 Visa. As per my understanding getting H4 is
> not hard. But, if there are chances that my H4 will be rejected
> (thought my spouse holding valid H1B), I may not choose to marry an H1
> holder and get involved in legal matters again.
> Please let me know any information anyone might have about this since
> it will going to be an important decision for me as far as my personal
> life as well as my career is considered.
> Thank you in advance.
> Regards,
> Ms. Bhise.
Dec 18th 2002, 9:25 pm
#4
Forum Regular
Joined: Jul 2002
Posts: 65
Please note that India has been culturally stable longer than ANY european country, and has marriage customs that predate any Christian ceremony.
Arranged marriages in India are common, these marriages can be of convenience for the families concerned and the feelings of those getting married are secondary.
Thus it may be normal for Indians to have no bond of affection or love at the beginning of wedlock.
It is wrong to judge Swati in such a manner.
US foreign policy on immigration and marriage is based on western culture, and does not seem to recognise the diverse cultural aspect of arranged marriage.
Swati,
Did you wait the minimum time before changing status to F1 (it was 45 days if I recall)?
If not, then the consul can legally construe your intent from you actions and you will have to go to great lengths to prove you have strong ties to your home country.
F1 is purely for study. It implies your intent to return to India, so any action on your part which may make a consular officer feel your intentions are otherwise will mean a denial.
I have been in your situation. It took me 3 years to get my F1 and finish my degree.
In that time a law was passed forcing the Consuls to NOT prejudice against people who changed status and become an F1. Prior to this it was an automatic denial. It seems that yours may have been too, which goes against what the consul should do.
I would, if you can afford it - (and should if you are trying to be an F1) get a lawyer to check out your application.
And forget marriage for the moment - Any motion in that direction will justify the Consuls denial of your intention and may point to a fraudulent attempt to gain an F1.
Arranged marriages in India are common, these marriages can be of convenience for the families concerned and the feelings of those getting married are secondary.
Thus it may be normal for Indians to have no bond of affection or love at the beginning of wedlock.
It is wrong to judge Swati in such a manner.
US foreign policy on immigration and marriage is based on western culture, and does not seem to recognise the diverse cultural aspect of arranged marriage.
Swati,
Did you wait the minimum time before changing status to F1 (it was 45 days if I recall)?
If not, then the consul can legally construe your intent from you actions and you will have to go to great lengths to prove you have strong ties to your home country.
F1 is purely for study. It implies your intent to return to India, so any action on your part which may make a consular officer feel your intentions are otherwise will mean a denial.
I have been in your situation. It took me 3 years to get my F1 and finish my degree.
In that time a law was passed forcing the Consuls to NOT prejudice against people who changed status and become an F1. Prior to this it was an automatic denial. It seems that yours may have been too, which goes against what the consul should do.
I would, if you can afford it - (and should if you are trying to be an F1) get a lawyer to check out your application.
And forget marriage for the moment - Any motion in that direction will justify the Consuls denial of your intention and may point to a fraudulent attempt to gain an F1.
Dec 18th 2002, 10:10 pm
#5
Guest
Posts: n/a
Re: Chances of H4 Visa
>Subject: Re: Chances of H4 Visa
>From: "Schumaker" [email protected]
>Date: 12/18/02 4:30 PM Eastern Standard Time
>Message-id:
>Swati,
>I sympathize for your failure to get back the F1 visa that you lost once you
>went back to your home country. But your other concern is totally bizarre
>and laughable. What do you mean by saying that if you get H4 easily, you'll
>marry the H1B holder otherwise you will marry someone in India to avoid
>legal trouble.
>It seems that for you marrying a person who's working in the United States
>is just a way to get to the US and nothing else!! You seem to not understand
>and have the feelings and emotions involved when one gets married to
>someone.
>Asking these kind of foolish questions is disgrace for Indians. This might
>be a matter of embarrassment for people from India who are living in the US.
>And those who actually have feeling for their life partners/would be life
>partners may also suffer due to this selfish attitude of yours towards a
>pious relationship as marriage.
>Please don't ask such questions!
>"Swati" wrote in message
>news:[email protected]...
>> Hi There!
>> I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
>> While in USA I transferred my B1 Visa to F1, and continued with
>> Masters. Unfortunately when I came to India in holidays of May 2002
>> (after 11th Sept.) and went to US consulate for F1 Visa stamping, they
>> rejected it, saying that they did not like me changing my intensions
>> after going to USA on business visa. I tried to convince them thrice
>> (2 interview + 1 by mail application) but didn't work.
>> Presently I am working as a S/W professional in India. I am planning
>> to marry a H1 holder person as decided before. But now on this
>> background I would like to first find out the risk involved in
>> applying and getting H4 Visa. As per my understanding getting H4 is
>> not hard. But, if there are chances that my H4 will be rejected
>> (thought my spouse holding valid H1B), I may not choose to marry an H1
>> holder and get involved in legal matters again.
>> Please let me know any information anyone might have about this since
>> it will going to be an important decision for me as far as my personal
>> life as well as my career is considered.
>> Thank you in advance.
Looks like she has zero feelings for the guy. Poor sap. I hope he realizes in
time. Marry for love and compatibility, not for a visa. How stupid can one be?
>From: "Schumaker" [email protected]
>Date: 12/18/02 4:30 PM Eastern Standard Time
>Message-id:
>Swati,
>I sympathize for your failure to get back the F1 visa that you lost once you
>went back to your home country. But your other concern is totally bizarre
>and laughable. What do you mean by saying that if you get H4 easily, you'll
>marry the H1B holder otherwise you will marry someone in India to avoid
>legal trouble.
>It seems that for you marrying a person who's working in the United States
>is just a way to get to the US and nothing else!! You seem to not understand
>and have the feelings and emotions involved when one gets married to
>someone.
>Asking these kind of foolish questions is disgrace for Indians. This might
>be a matter of embarrassment for people from India who are living in the US.
>And those who actually have feeling for their life partners/would be life
>partners may also suffer due to this selfish attitude of yours towards a
>pious relationship as marriage.
>Please don't ask such questions!
>"Swati" wrote in message
>news:[email protected]...
>> Hi There!
>> I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
>> While in USA I transferred my B1 Visa to F1, and continued with
>> Masters. Unfortunately when I came to India in holidays of May 2002
>> (after 11th Sept.) and went to US consulate for F1 Visa stamping, they
>> rejected it, saying that they did not like me changing my intensions
>> after going to USA on business visa. I tried to convince them thrice
>> (2 interview + 1 by mail application) but didn't work.
>> Presently I am working as a S/W professional in India. I am planning
>> to marry a H1 holder person as decided before. But now on this
>> background I would like to first find out the risk involved in
>> applying and getting H4 Visa. As per my understanding getting H4 is
>> not hard. But, if there are chances that my H4 will be rejected
>> (thought my spouse holding valid H1B), I may not choose to marry an H1
>> holder and get involved in legal matters again.
>> Please let me know any information anyone might have about this since
>> it will going to be an important decision for me as far as my personal
>> life as well as my career is considered.
>> Thank you in advance.
Looks like she has zero feelings for the guy. Poor sap. I hope he realizes in
time. Marry for love and compatibility, not for a visa. How stupid can one be?
Dec 18th 2002, 11:03 pm
#6
Guest
Posts: n/a
Re: Chances of H4 Visa
Schumaker:
Don't judge Swati by Western yardsticks. Most of the marriages in India
are arranged. And though it sounds like a scary word, it is not that
scary. In most of the cases (esepcially middle class and above) the boy
and the girl are not forced to marry their parents choose. The parents
usually play the role of getting the boy and the girl to meet after
which the decision is left to the persons getting married. In these
situations, there is no love between the two initially but it does
develop (again in most cases
over a period of time.
It would be a disgrace if the only reason she was marrying the guy was
for coming to the US. But based on her post, seems like she is not. Else
she would not have mentioned the option of not marrying a person on H1B.
(BTW, don't feel sorry for the guy too. He is also in the same boat
emotionally as her.)
Suppose she gets married to the H1B guy and suppose she doesn't get H4,
then she would not be able to be with her husband. She also would not be
able to divorce the guy since it is not a standard practice as per the
Indian norms (as against the western nroms) since marriage is considered
pious and not easily breakable.
R.
Schumaker wrote:
>Swati,
>I sympathize for your failure to get back the F1 visa that you lost once you
>went back to your home country. But your other concern is totally bizarre
>and laughable. What do you mean by saying that if you get H4 easily, you'll
>marry the H1B holder otherwise you will marry someone in India to avoid
>legal trouble.
>It seems that for you marrying a person who's working in the United States
>is just a way to get to the US and nothing else!! You seem to not understand
>and have the feelings and emotions involved when one gets married to
>someone.
>Asking these kind of foolish questions is disgrace for Indians. This might
>be a matter of embarrassment for people from India who are living in the US.
>And those who actually have feeling for their life partners/would be life
>partners may also suffer due to this selfish attitude of yours towards a
>pious relationship as marriage.
>Please don't ask such questions!
>"Swati" wrote in message
>news:[email protected]...
>
>>Hi There!
>>I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
>>While in USA I transferred my B1 Visa to F1, and continued with
>>Masters. Unfortunately when I came to India in holidays of May 2002
>>(after 11th Sept.) and went to US consulate for F1 Visa stamping, they
>>rejected it, saying that they did not like me changing my intensions
>>after going to USA on business visa. I tried to convince them thrice
>>(2 interview + 1 by mail application) but didn't work.
>>Presently I am working as a S/W professional in India. I am planning
>>to marry a H1 holder person as decided before. But now on this
>>background I would like to first find out the risk involved in
>>applying and getting H4 Visa. As per my understanding getting H4 is
>>not hard. But, if there are chances that my H4 will be rejected
>>(thought my spouse holding valid H1B), I may not choose to marry an H1
>>holder and get involved in legal matters again.
>>Please let me know any information anyone might have about this since
>>it will going to be an important decision for me as far as my personal
>>life as well as my career is considered.
>>Thank you in advance.
>>Regards,
>>Ms. Bhise.
>>
>
Don't judge Swati by Western yardsticks. Most of the marriages in India
are arranged. And though it sounds like a scary word, it is not that
scary. In most of the cases (esepcially middle class and above) the boy
and the girl are not forced to marry their parents choose. The parents
usually play the role of getting the boy and the girl to meet after
which the decision is left to the persons getting married. In these
situations, there is no love between the two initially but it does
develop (again in most cases
over a period of time.It would be a disgrace if the only reason she was marrying the guy was
for coming to the US. But based on her post, seems like she is not. Else
she would not have mentioned the option of not marrying a person on H1B.
(BTW, don't feel sorry for the guy too. He is also in the same boat
emotionally as her.)
Suppose she gets married to the H1B guy and suppose she doesn't get H4,
then she would not be able to be with her husband. She also would not be
able to divorce the guy since it is not a standard practice as per the
Indian norms (as against the western nroms) since marriage is considered
pious and not easily breakable.
R.
Schumaker wrote:
>Swati,
>I sympathize for your failure to get back the F1 visa that you lost once you
>went back to your home country. But your other concern is totally bizarre
>and laughable. What do you mean by saying that if you get H4 easily, you'll
>marry the H1B holder otherwise you will marry someone in India to avoid
>legal trouble.
>It seems that for you marrying a person who's working in the United States
>is just a way to get to the US and nothing else!! You seem to not understand
>and have the feelings and emotions involved when one gets married to
>someone.
>Asking these kind of foolish questions is disgrace for Indians. This might
>be a matter of embarrassment for people from India who are living in the US.
>And those who actually have feeling for their life partners/would be life
>partners may also suffer due to this selfish attitude of yours towards a
>pious relationship as marriage.
>Please don't ask such questions!
>"Swati" wrote in message
>news:[email protected]...
>
>>Hi There!
>>I had been to USA on B1 Visa (Business) for 3 month in Aug. 2000.
>>While in USA I transferred my B1 Visa to F1, and continued with
>>Masters. Unfortunately when I came to India in holidays of May 2002
>>(after 11th Sept.) and went to US consulate for F1 Visa stamping, they
>>rejected it, saying that they did not like me changing my intensions
>>after going to USA on business visa. I tried to convince them thrice
>>(2 interview + 1 by mail application) but didn't work.
>>Presently I am working as a S/W professional in India. I am planning
>>to marry a H1 holder person as decided before. But now on this
>>background I would like to first find out the risk involved in
>>applying and getting H4 Visa. As per my understanding getting H4 is
>>not hard. But, if there are chances that my H4 will be rejected
>>(thought my spouse holding valid H1B), I may not choose to marry an H1
>>holder and get involved in legal matters again.
>>Please let me know any information anyone might have about this since
>>it will going to be an important decision for me as far as my personal
>>life as well as my career is considered.
>>Thank you in advance.
>>Regards,
>>Ms. Bhise.
>>
>
