Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
Krishna.jira7

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

Recommended Posts

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

Share this post


Link to post

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.

Share this post


Link to post

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. 

Share this post


Link to post

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.

Share this post


Link to post

When she applies for a B2 (You do not apply for here nor do you .bring' her)...she must answer the question on the DS 160 on back where it asked about relatives in the US and in what status...you are (apparently) her fiance, not some 'friend'...and she needs to list your current status as H1B...failure to do this could result in big problems later...she may not get the B2, so then, you can return to India,marry and have her apply for the H4...all above board, presuming you are not working as some off site consultant in some shady company..

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
×