B2 visa for spouse for H1b holder

[Tka]

Hi Team,

I am working in US on a H1B visa. My wife lives in India. My H1B visa got expired on Sep 2017, so I have applied for extension and currently waiting for approval. It looks the extension process will take another 3-4 months due to RFE received.

Hence I am planning to take my spouse through B2 tourist visa instead of H4 dependent visa which would take obviously long time in my case. So please clarify on the below queries, also suggest me if you have an alternate solution.

1) Can she seek entry into US using the B2 visa ? How hard the interview would be?

2) Will it have any impact on her ability to get H4 visa later ?
 
3) Will there be any issue in POE if they come with B2 visa ?

 

[pontevecchio]

It is extremely unlikely for her to get a B2 visa under the circumstances. Why 4 months to answer an RFE?

[Palak Choudhary]

On 11/30/2017 at 9:12 PM, Tka said:

Hi Team,

I am working in US on a H1B visa. My wife lives in India. My H1B visa got expired on Sep 2017, so I have applied for extension and currently waiting for approval. It looks the extension process will take another 3-4 months due to RFE received.

Hence I am planning to take my spouse through B2 tourist visa instead of H4 dependent visa which would take obviously long time in my case. So please clarify on the below queries, also suggest me if you have an alternate solution.

1) Can she seek entry into US using the B2 visa ? How hard the interview would be?

2) Will it have any impact on her ability to get H4 visa later ?
 
3) Will there be any issue in POE if they come with B2 visa ?

 

Hi,

I am in a similar situation as you are. I got married last year in July. My H1B was selected in the lottery last year but had an RFE and hence I could not apply for my Wife's H4 visa. I am still waiting for USCIS to response for my RFE but I recently upgraded to PP so I should hear back from them soon. Once I have a response from them and if my H1B gets approved than I am planning to go to India with my wife for H1B/H4 stamping. 

In the mean time, my wife had applied for B2 in May 2017 and the Visa got approved. She visited me on B2 for 4 months (August till November) in 2017 and she came back again on B2 visa this January with no issues at POE.

1. Now when we go back to India for Visa Stamping will it have any impact on her ability to get H4 visa?

2. Will there be any issue at POE when she comes back on H4 visa?

Do you mind sharing your experience?

Thank You

 

 

[Palak Choudhary]

Hi,

I am in a similar situation as you are. I got married last year in July. My H1B was selected in the lottery last year but had an RFE and hence I could not apply for my Wife's H4 visa. I am still waiting for USCIS to response for my RFE but I recently upgraded to PP so I should hear back from them soon. Once I have a response from them and if my H1B gets approved than I am planning to go to India with my wife for H1B/H4 stamping. 

In the mean time, my wife had applied for B2 in May 2017 and the Visa got approved. She visited me on B2 for 4 months (August till November) in 2017 and she came back again on B2 visa this January with no issues at POE.

1. Now when we go back to India for Visa Stamping will it have any impact on her ability to get H4 visa?

2. Will there be any issue at POE when she comes back on H4 visa?

Do you mind sharing your experience?

Thank You

[venkat551]

Hi Palak,

I am in the same situation where my wife is in India and H1 is pending and it is in regular processing. Based on current delays it could take months. I am planning to apply Visiting visa for her. Since you have been through this process, could you please kindly give me details regarding how interview went and what questions asked and which consulate your spouse went.

Please kindly help me in providing these details as this...

[venkat551]

Thanks for the reply. yes, when I say I apply, I mean I fill in ds 160 for her. We have marr. cefti to prove it.

Actually, she was on H4 before, she is India for a while now and I changed company and my transfer is still pending and I am not sure how much time it is going to take and I cannot travel due to this. Transfer applied in regular processing.  

What would be reasonable and safe answer that we can give to CO when asked about reason for B2?

Also, because of this will there be any issue for my transfer case which is in progress? or any issue later if she wants to have H4 again?