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Arda · Jun 5, 2009, 08:40 AM

Hi,

I am from Turkey and I got my H1B visa last year and it is current until 2011. I will be getting married in Turkey in a month. I would like to apply for H4 visa for my wife since you can go to school with your H4. I am trying to collect all the documents. The only detail that I couldn't find was about I -797.
Do I need to apply for an I-797 for my wife or do I need to update my I-797 with her name on it? Or best case does my current I-797 enough without her name and information for H4 application?
Secondly If I need to update my I -797 can I do it on advance without marriage documents so I can be present while she is applying for the visa? I would like to do everything in three weeks so I can bring her with me. Worst case I would like to be present during the application.

DCcityboy · Jun 7, 2009, 01:42 PM

After you get married, you only need to have her go to the US consualte (Ankara?) apply for the H-4 visa with your marriage certificate, your H-1B visa and your H apprvoal notice I-797.

The I-797 is an approval notice from the USCIS, as she is not in the US, she cannot apply for the H-4 status, that is why she applies for the H-4 visa to enter the US. On entry she will be given an I-94 annotated that she is an H-4. you will be given an I-94 annotated H-1B.