Proof of real marriage for visa when both come from same country

[Bae1122 0]

Hi, Can't seem to find any info for my unusual issue.

I am from Serbia and I'm waiting for a H1B visa to move to the usa and do business there. I just got married , a week before i sent my application in and I am being told by several people they may question the validity of my marraige as she would then be able to also work in the usa. My wife is also serbian but has lived in another european country for the last 7 years while i remained in serbia. Our relationship was off and on for many years and so we have never lived together and since we got married several months ago, we continue to live in different countries. we got married very fast, didnt have a wedding and there was no engagement, no engagement ring etc and we have not told friends, family we got married as they would not approve of no wedding.

Because of our relationship being complicated, we have not been on holiday together for many years, rarely has visited my family and i am not close with hers and weve kept seperate friends...so there are few , especially recent photos of us together and with family/friends. Additionally despite my concerns, she has kept her status as single and publicly on several social media sites as she wants to keep the marriage private and we are not on each others family/friends fb for example.

i know as we are not marrying from seperate countries, it may not be as strict, but I am wondering if they will want to see proof of relationship, marriage etc and we only have a certificate and done right before applying. It has been six weeks and no word on my visa status, should i be concerned and do we need to get proof of legitamite marriage just in case?

[Rc123rc 528]

I'm confused. It doesn't look like either of you are a US Citizen. You are trying to come into the U.S. on a H1B Visa?

[Bae1122 0]

Thats right. I am part owner of a business in new York and applied for h1b Visa for three years and want to bring her along as my wife. She gets the benefits, if I am approved, of being able to then work any job in the USA on h4 visa. I am concerned though because they may think we got married just so she can work in the USA...instead of her having to go through the process herself, get sponsored etc and this is because we got married so close to applying as well as our lack of proof. It is the American embassy in Belgrade making this decision and I hear different opinions on this..they may want to see more that we are not just trying to get two people into USA on my visa status

[Rc123rc 528]

Thank you for your explanation. It makes more sense now. Knowing this and re-reading you first post, I would say you are going to need a lot of proof. My observation... this is an observation based only what was written, is that the CO might have a strong opinion about the validity of the marriage. I would certainly question it for the the very reasons you think there will be a problem. It looks like a paper marriage made in haste.

[arken 4,197]

While they don't ask for lots of evidences of bonafide marriage for dependents of h1 or f1 applicants, they would like to see at least some photos from wedding ceromony and not only the marriage certificate. Timing of the marriage is no big deal, people in h1 visa/status already in US who go back to their country for marriage get married and have visa stamping for their spouses in 2-3 weeks vacation time they have. However you should be ready to provide such evidences in case they ask.

[Boiler 45,907]

Never heard of anyone having a problem with a H4 and I have seen many cases where marriage has been brought forward to get one.

[Bae1122 0]

Thanks for the replies Yes, I think we were naive and I just assumed marrying someone from my own country wouldn't be a problem but I'm hearing more now we have made some mistakes with this process. The visa may be denied....sigh.....

[Pitaya 2,577]

~Moved from Intro.Memb. to Work Visa Forum~

[jan22 3,056]

One very important clariication for your plan, though. She may or may not be able to work.

She will not be able to "work any job in the US" on an H4 visa. H4s do not qualify for automatic work authorization. An H4 visa holder must apply to USCIS for work authorization and it is only granted to "certain" H4a -- those whose spouses are the beneficiary of an approved I-140 (immigrant visa petition for an alien worker). See https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses for FAQs that might clarify this for you. Unless/Until your employer has filed and received approval of an I-140 for you, she will not receive work authorization.

[Boiler 45,907]

Ooops missed that, a reason why the H4 is known as the visa from hell.