An H-4 visa applicant has found themselves in a highly confusing situation after their spouse, a Kenyan citizen, received an Overseas Citizen of India (OCI) card only after their visa stamping. This has created a mismatch in their immigration details and documentation.
Change in Citizenship Details After Visa Stamping
Because the OCI was issued post-stamping, the DS-160 form still lists the spouse as a citizen of Kenya only. This inconsistency has left the couple uncertain about how to update their information before the visa interview.
What the OCI Card Represents
The OCI card is generally regarded as a form of lifelong residency status in India, offering most rights similar to a permanent resident. However, it does not automatically make the holder a permanent legal resident unless they physically reside in India for over six months continuously.
Conflict with U.S. Visa Requirements
The U.S. visa system requires stamping to be done in either the country of citizenship or permanent residency. Because the spouse’s status has changed after stamping, the couple now faces a procedural dilemma.
Experts Offer Reassurance
Immigration experts have reassured the applicant not to panic. They explained that simply possessing an OCI card does not equate to permanent residence under U.S. visa definitions. Therefore, this change should not affect the visa outcome significantly.
What Applicants Should Do
Experts recommend carrying both DS-160 confirmation pages the original and the updated version to the visa interview. The couple should clearly inform the consular officer about the status update during document verification.
Complexities of Dual Status in Immigration
This situation highlights how visa rules can become extremely confusing for applicants with multiple citizenships or residency statuses. It also underscores the importance of clear communication with consular authorities to avoid misunderstandings.
