If you are in a relationship with a foreign national who is planning to move to the United States on an H1B visa, you may be wondering if you can apply for an H4 visa before getting married. The H4 visa is a dependent visa that is granted to the spouse and dependents of an H1B visa holder. In this article, we will discuss everything you need to know about applying for an H4 visa before marriage, including eligibility criteria, documents required, and steps involved in the application process.

Eligibility Criteria

To be eligible for an H4 visa, you must meet the following requirements:- You must be the spouse or child under the age of 21 of an H1B visa holder.- You must not hold a different non-immigrant status.- You must show proof of a bona fide relationship with the H1B visa holder.- You must not have engaged in any unauthorized employment in the United States.- You must have a valid passport.

Documents Required

When applying for an H4 visa before marriage, you will need to gather the following documents:- A copy of your passport.- A copy of your birth certificate.- A copy of your marriage certificate (if applicable).- A copy of your fiancé(e)’s H1B approval notice.- Evidence of the bona fide relationship, such as photographs, correspondence, or joint bank account statements.- Form I-539, Application to Extend/Change Nonimmigrant Status.- Payment of the application fee.

Steps Involved in the Application Process

To apply for an H4 visa before marriage, follow these steps:1. Gather all the necessary documents. Ensure that you have all the required documents in their correct form.2. Fill out Form I-539, Application to Extend/Change Nonimmigrant Status. Provide accurate information and attach all required documents.3. Pay the application fee. The current fee for Form I-539 is $370, but this is subject to change. Visit the USCIS website for the most up-to-date fee schedule.4. Submit the application. Once you have completed the form and attached all the necessary documents, you can submit your application to USCIS by mail.5. Wait for a decision. The processing time for an H4 visa application can vary, but the USCIS website provides an estimate of current processing times.

Key Takeaways

• You can apply for an H4 visa before marriage if you meet the eligibility criteria and provide evidence of a bona fide relationship with the H1B visa holder.
• When applying for an H4 visa before marriage, you will need to provide various documents, including proof of the relationship and a copy of your passport.
• The application process for an H4 visa involves filling out Form I-539, paying the application fee, and mailing in your completed application.

FAQs

Can I work on an H4 visa?

In general, H4 visa holders are not authorized to work in the United States. However, certain H4 visa holders may be eligible for employment authorization. Check with USCIS to determine if you are eligible.

Can I study on an H4 visa?

Yes, H4 visa holders are allowed to study in the United States.

How long does it take to process an H4 visa application?

The processing time for an H4 visa application can vary. Visit the USCIS website for the most up-to-date processing times.