My wife is under H4 Visa till last month due to some visa issues in my visa now i want to apply Visitor visa will it be problem for my wife?

[kngupta141]

Hi Team,

 

My I 797 will expire on Oct 2018 but where as i have I 94 and stamped Visa until Dec 2019, now again i am going for new amendment for new client. My wife has approved I 797 and I 94 until Dec 2019 but she has no stamped visa. Recently my wife visited India and now she is unable to come back because my company says she is not allowed for visa stamping as my I 797 will expire in 2018 even though i have I 94 and Visa stamped.

 

So can i apply  visiting visa for my wife for time being until i get new I 797?  Will it be a problem for her in future H4 Visa?

 

Thanks and regards,

Gupta  

[Provence]

First, you don't apply!  As the applicant, she applies for a b2. 

For an otherwise H4-eligible applicant, B2 is likely to be denied.  A b2 visa is intended for short, temporary visits to the US that require a return ticket.  COs would see a B2 attempt as a backdoor way to circumvent the legal H-visa process and deny the b2.

But nothing stops her from applying if she wants. 

[Provence]

4 hours ago, Noah Lott said:

slight correction: a return ticket is not a requirement for a B2 approval - it is not a part of the process....but the above response highlights the problem....WHY would she return after a couple of weeks? No, not because of an elderly relative who allegedly needs her care (but who can survive just fine in her absence) nor because of empty promises, etc....a B2 application will indeed look like what it is....a back door attempt to circumvent another visa process....

but of course, she can apply.....but forget letters, bank documents or anything else you can think of.....because at the end of the day, she will NOT be returning any sooner than you will be....

What was meant.. the requirement at POE to hold a return ticket when requesting admittance on a b2 (not a requirement to obtain a B). Of course it's obvious OP's spouse would not return home in the unlikely event she obtains a B, but like many others on this forum, would seek to COS. 

[kngupta141]

Hi Everyone,

 

She will return back to india after visitor Visa expiry and she will get h4 stamped after that. Is this still be a problem.

 

Is there any other way to get her. One main reason for this kind of question

 

My son is asking continuously about me and now he is not eating properly. She is unable to come here.

 

Thanks and regards,

Gupta 

 

[Provence]

In the absence of a visa, could you not travel to India to be with your son?  Surely family takes priority..