Can H1B guy Marrying to B1/B2 without any future affect..?


Krishna.jira7

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I have my Girlfriend in INDIA and I came to US on F1 and converted to H1B.(not willing to take a risk for going to india for stamping as the people are facing hard time). Now I'm planning to bring her on B1/B2 to US and get married here.

1)Can I apply change of status from here..?

2)Going back to India and enter with H4 visa..? Is it safe and easy for H4 stamping in US Embassy.?

Can someone suggest me or friends who was in the same situation. Any minor information and guidance would be helpful

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Unless she informs the POE Officer that she is here to get married and then change status, it would be fraud. If she informs the POE Officer that she is coming to get married and then she will leave and return with the appropriate visa and he lets her in, you may be fine. DO NOT put her on the spot because you may be working for a dodgy employer. Her H4 visa is a function of the integrity of your H1 and you seem unsure. If it is the case your education is totally different from the current job, seek a lawyers opinion. How many years do you intend to be in H1 status ?

If your F1 credentials are fine with no CPT then you should be able to get a visa.

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Isn't there a post about India travel plans come January? 

She could travel to the US on a B visa and informs the CBP officer of her plans to marry you. She then returns to India and applies for an H4 visa to reenter the US. Thus, no; no change of status in the US. Entering on a B-visa to change status is Fraud, as noted above. 

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  • 1 month later...

At the outset, she needs to be honest to the consular officer during her B2 visa interview about her intentions of getting marriage to you in the U.S. While doing so, the chances of overcoming the presumption of immigrant intent under Sec 214(b) of Immigration and Nationality Act would be difficult. If the visa is approved and then she needs to be honest at the U.S. Customs and Border Protection office.

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  • 3 weeks later...
On ‎9‎/‎28‎/‎2018 at 5:26 PM, pontevecchio said:

Unless she informs the POE Officer that she is here to get married and then change status, it would be fraud. If she informs the POE Officer that she is coming to get married and then she will leave and return with the appropriate visa and he lets her in, you may be fine. DO NOT put her on the spot because you may be working for a dodgy employer. Her H4 visa is a function of the integrity of your H1 and you seem unsure. If it is the case your education is totally different from the current job, seek a lawyers opinion. How many years do you intend to be in H1 status ?

If your F1 credentials are fine with no CPT then you should be able to get a visa.

My F1 is fine without CPT and I have new H1 until 2021 and my work is related to my masters and working in good MNC as a fulltime employee. Even though one of my colleage have same qualifications, he has strucked in INDIA stating as ADMINISTRATIVE PROCESS....so I'M bit worried about...

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