Legal Question in Immigration Law in California

Can I get a H4 visa for my child irrespective of my marital status?

Hi,

I am being sent for 12 months on H1 to California from India. I have to take my daughter aged 2 and half with me. As I am separated from my husband, do I need any addiitonal documents to get my daughter's Visa apart from the Birth certificate and passport?

What if my husband initiated divorce proceedings(as he is threatening to) in the meanwhile? Will it impact my H1 and my daughter's H4 visa application?

Thank you very much for your help.

Regards,

--name removed--LG


Asked on 10/06/04, 4:01 am

2 Answers from Attorneys
Mohit Suri Mlegal: The International law firm in India

Re: Can I get a H4 visa for my child irrespective of my marital status?

I would advise you to keep the news of H1 and H4 from your husband. I have seen a lot of H visas turned down by the Embassy here. The court proceedings etc if intimated to the embassy can affect your chances. The courts do not notify the embassy thus if your husband doesnt, nothing will go wrong. Once you have the visa stamping you dont have to worry about anything.

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Answered on 10/06/04, 4:13 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Can I get a H4 visa for my child irrespective of my marital status?

Your H1 from your employer has nothing to do with your divorce. Were you H4 before through your marriage?

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Answered on 10/06/04, 3:55 pm


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