H4 visa deny because Cambodian?

[AmazingTran 0]

HI everybody,

I am currently holding a H1B visa from Malaysia and will be marrying a Cambodian next year February. I inquire lawyer in the states how about should i bring my wife over and was told that H4 visa is the best route before I apply for greencard. On the other hand, my fiancee spoke to her lawyer in Cambodia and they told her that I cannot and will be impossible to bring her over to the States to join me under any visa and only US Citizenship / Greencard is allowable. And to get a wedding certificate in cambodia is impossible because they said that I have to be in Cambodia for 21 days for the processing. I am thinking of just getting the Malaysia wedding certificate, and we will apply for the H4 visa.

I guess the question boils down to: I will try to call another lawyer in cambodia and if they said the same thing as the first, then this means that there might be corruption barrier occurring there. Will she be able to go for interview in the US embassy in Malaysia instead for the H4 visa?

Please advice what is the best route as our wedding is approaching in 2 months.

Thanks!

[TimeTravel 78]

Your states lawyer is right about H4 Visa to bring your wife in USA.

An H-4 visa is a visa issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders.

USCIS allows immediate family members of H visa holders (H-1A, H-1B, H-2A, H-2B, or H-3) to get H-4 visas to lawfully come and stay in the US. These visas are usually issued at the local US consulate office abroad. However, if the person is already in US, he or she can obtain H-4 visa by filing Form I-539 for change of status.

H-4 visa holders are not eligible to get a Social Security Number and cannot be employed, but they can hold a driver's license, open bank accounts, and get an Individual Taxpayer Identification Number for US tax purposes.

Family members may alternatively be admitted in other non-immigrant categories for which they qualify, such as the F-1 category for children or spouses who will be students or the H-1B category for a spouse whose employer has also obtained approval of an H-1B visa petition to employ the spouse. An H-4 visa holder is admitted to the US for the duration of the primary (H-1B, H-2A, H-2B, or H-3) visa validity.

Since H-4 visa holders are not issued a social security number, an ITIN (Individual tax identification number) should be obtained before filing for joint tax returns by filing Form W-7. They are not authorized to work in the United States, though they are allowed to study.

Source: http://en.wikipedia.org/wiki/H-4_visa

[AmazingTran 0]

iwaiting, thank you for the reply. I believe if we were to follow according to every line of the law, and I am following every right steps of the procedure, it wouldn't be a problem at all.

I guess the questions now come to:

1) Does a malaysian wedding certificate work for applying a H4 visa for my cambodian wife?

2) The vibe of the success rate in cambodia is so bad that, I felt that it should be done in a proper country such as us embassy in malaysia, or singapore. Will there be any problem if she goes for an interview in the us embassy in malaysia? Any opinions?

Lastly but not least, is there anybody who has the same kind of experience as I am experiencing currently? or any cambodian / khmer people out there who knows any good lawyers?

Thanks once again.

[TimeTravel 78]

1) Does a malaysian wedding certificate work for applying a H4 visa for my cambodian wife?

2) The vibe of the success rate in cambodia is so bad that, I felt that it should be done in a proper country such as us embassy in malaysia, or singapore. Will there be any problem if she goes for an interview in the us embassy in malaysia? Any opinions?

First thing, lawyer can help you to fill the application form, and can help about how to prepare the interview.

1 - If you get a malaysian wedding certificate ( which can be provided overnight ), then it may put alot of questions for your wife situation. Like she is not resident in Mayalsia, then why you guys married in Malaysia instead of her home country? If you are resident of Malaysia, and that is why you asked her to come in Malaysia and get married, then that is different thing.

2 - If she is not resident in these countries, and just going there for interview, then it may put alot of questions, and may put the time for verification, etc etc.

As long as your H4 visa case is stronger enough, then everything should be fine. But better to find some good lawyer in Cambodia who knows what to do, and how take care of such situation.

And wait for some response who may have similar situation like you, so they may answer you better.

Hope it helps.

[AmazingTran 0]

iwaiting,

I am a resident of Malaysia and my fiancee is resident of Cambodia. Therefore, I asked her to marry in malaysia because one day when my visa expires, I will be returning to Malaysia and with the malaysia wedding certificate it helps to show that she is my wife. Does this sounds right? I am pretty much telling the truth here. And the reason we did not get the Cambodia certificate currently because i can't take 21 days off from my work just to get a wedding certificate and pay lots of corruption money there?

ANybody any experience?

Thanks!

1 - If you get a malaysian wedding certificate ( which can be provided overnight ), then it may put alot of questions for your wife situation. Like she is not resident in Mayalsia, then why you guys married in Malaysia instead of her home country? If you are resident of Malaysia, and that is why you asked her to come in Malaysia and get married, then that is different thing.

[TimeTravel 78]

iwaiting,

I am a resident of Malaysia and my fiancee is resident of Cambodia. Therefore, I asked her to marry in malaysia because one day when my visa expires, I will be returning to Malaysia and with the malaysia wedding certificate it helps to show that she is my wife. Does this sounds right? I am pretty much telling the truth here. And the reason we did not get the Cambodia certificate currently because i can't take 21 days off from my work just to get a wedding certificate and pay lots of corruption money there?

ANybody any experience?

Thanks!

Since you are a resident from Malaysia, then you guys can get married in Malaysia. That will be perfectly fine. As you can show that you have your family there, and all want to join the marriage there, so you guys prefer the marriage in Malayasia.

Regarding interview, whether she may able to get in Malayasia or not, I am not sure. May be, wait for some other VJ members feedback or e-mail directly to Malayasia US Embassy.

[AmazingTran 0]

iwaiting,

thanks for your replies. I remember when i was on a H1 visa. I use to interview in other countries other than Malaysia such as in south america, and also in Canada. They all went well and of course they will ask why? and most of the time is depends on convenience.

But I would like to hear from some VJ as well. How do i get them to help me out on this though?

[MalaysianGirl 26]

Hi AmazingTran,

I am not familiar with the H visas, but I will try to help as much as I can. Are you a US citizen or not? I am guessing that you are a Malaysian citizen/resident who has a job in the US. Please correct me if I am wrong.

If you are a Malaysian citizen/resident with a job in the US, I am not sure about whether your wife can do her interview for her US visa (whatever visa) here in Malaysia. I am not sure.

[AmazingTran 0]

Hi MalaysianGirl,

Thanks for the replies.

I am not a US citizen/resident yet. Just with a work visa in the US. I saw that there are a lot of Indians who come from India and then later they sponsor their wife.

Here is a link on these type of visa:

http://www.path2usa.com/h4-dependent-visa

Thanks again.