B2 to H4 and J1 in future

[Sravant]

I am on an H1B Visa and due to my work constraints and pending amendment I cannot travel to India.

My Fiance is in India but she has a B2 visa. She traveled to US in the past for her USMLE and family visits.

Since i cannot visit India immediately and there is no certainty on when i can. we are planning to get married in the US.

 

I understood there is a lot of scrutiny and risk involved if we apply for COS/AOS from B2 to H4. and it is better to go back and apply for a fresh H4.

 

So if I ask her to visit US for the purpose of getting married.

 

1) Should we mention about the marriage at the port of entry even if we do not apply for AOS? If we don't do that, is it lying by omission? 

 

2) should we wait for 3 months before we can go ahead with our plans of register marriage?

 

3) if we do not apply for a change of status immediately and instead she goes back to India to apply for a fresh H4 visa, will there be any problems -do they question the intent. how to answer it best if they do? 

 

should we consider any other factors to be able to change her status to J1 in the future to do her Residency in US.

[pontevecchio]

1. If the POE Officer asks her whether she is coming over to get married, she should say so. If you really think that would be his question, I have a bridge for sale in Brooklyn going very cheap.

2. You can get married the next day if state law allows.

3. She needs to leave and return with a H4 visa.

4. At all costs have her avoid the J1 route and adopt the H1 route. Of course a 2 year stay away in future should not be too much a hindrance if she has finished her training here and has contacts.

Would you not be better served by involving a law firm in this discussion ?

 

[pontevecchio]

Now on a more serious note, find out the requirements from City Hall for a Marriage license and ceremony. Nobody is going to ask her whether she is coming here to get married. Once married she can leave and return with the H4 visa. You should involve a lawyer in this matter. J1 is not an issue at all. What is an issue is planning for the 2 year HRR in future if she goes the J1 route. I assume she has finished with the CSA part of her USMLE.