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All the information I found on the internet regarding the H-1B visa leads me to believe that the spouse of an H-1B visa holder is automatically eligible for an H4 visa.

H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H4 Visa category as dependents.

Source: workpermit.com

Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.

Source: uscis.gov

When applying for an H4 visa, is there any discrimination against (or disqualification of) spouses who very recently got married to an H-1B visa holder?


The reason why I'm interested is because there is a crucial benefit at my current job that I would have to trade off if I get married. The transition between jobs would be a perfect time to for me to (legally) get married, but if that hurt my spouse's chances at getting an H4 visa, we would have to rethink that.

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    Getting married can only help her chances, since without being married, her chances are zero (the only way to qualify for an H-4 visa is to be the dependent of someone who holds another H visa). You might have to deal with suspicions of a marriage of convenience, but dispelling those suspicions is probably easier than getting married and then waiting to apply. – phoog Jun 21 '16 at 0:28
  • What do you mean by feasible? You kind of answered your own question that Your spouse may seek admission on H-4 Visa – pal4life Aug 7 '17 at 16:50
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I am not sure if any one can answer this question on discrimination perspective. I do not see why should there be any separate yard stick for recently married couple. Infact if anything they have the most reason to apply as well.

If you have the necessary documentation, genuinely married and bring all related proofs with you, no reason why there would be discrimination against it. If there is any worry, then get a good immigration attorney and ensure to do the necessary steps.

Additionally here is a another list of free resources I put togather, depending on where you are in the country it may help you as well.

Also think about this if you are going by this hypothesis than the more you delay getting married - the more you will always be in the recently married category :)

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