+1-800-997-1228
Questions and Answers > Other Eb-5 Questions

Will I have any issues applying for an H-4 visa with an approved I-526?

I have an approved I-526 and I am getting married soon to an H-1B visa holder. Will I have problems getting an H-4 visa, moving to the U.S., and switching my consular processing to adjustment of status?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It should not be a problem. You are joining your spouse on a non-immigrant visa. Advisably, consult your EB-5 attorney to ensure proper planning is put in place.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, the H-4 is dual-intent visa.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    No. You will not have any issues applying for an H-4 Non-Immigrant Visa, even if you have an approved I-526 petition, after you are married to an H-1B visa holder. You do not have to prove nonimmigrant intent. Once in the U.S., and a visa number is available, you would be eligible for Adjustment of Status, along with your wife.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    It is possible to do that since H-4 is dependent on H-1B which is a dual intent visa. Plan with your immigration attorney.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A consular officer may be a little more willing to deny a non-immigrant visa with an I-526 approved. They have so much power to deny visa applications for so many reasons.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    In theory you could do that, but there could be all kinds of problems doing this.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Probably not.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    H visa status is a "dual-intent" status, which means you can maintain H-1B/H-4 non-immigrant status in the U.S. while simultaneously processing for permanent residency/immigrant processing.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No issue doing that at all. This is because H visas are dual-intent visas. As such, you can apply for an H-4 visa with an approved I-526 application. However, assuming you are eligible to do so, once you decide to file for adjustment of status under your approved I-526 and obtain your conditional green card, you are no longer eligible or need to hold on to your H-4 visa.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    While you can, it may be faster to maintain the process of the case, since the case is at the NVC stage.