Tourist visa for spouse

[user1001]

I am on H1B in the US, my spouse was on H4 in the US. She has traveled overseas and I94 has expired. H1B extension is pending.

Can my spouse get a tourist visa to visit me in the US? Or would this be a problem?

[xTDx]

Why not apply for H4 ? Dependants should not be applying for visitor visas when clearly the intention is not for tourism.

Suggestion would be to have her apply H4 and do not apply for visitor visa as it will most likely be rejected.

[user1001]

On 3/21/2019 at 10:17 AM, xTDx said:

Why not apply for H4 ? Dependants should not be applying for visitor visas when clearly the intention is not for tourism.

Suggestion would be to have her apply H4 and do not apply for visitor visa as it will most likely be rejected.

Makes sense.

Only reason for thinking about tourist visa is that my employer will take almost 2 months to upgrade my H1B extention case to premium processing, following which if I get approval it will take anywhere between 15-30 days (in case of RFE) to get my new I94, following which will have to get consular processing in India for my wife's H4 stamping which take anywhere between 1-2 months.
So looking at another 3-4 months before family can join me back in the US, so we were trying to explore the option of tourist visa.

[Provence]

You do realize a tourist visa is only for visiting, a short term thing? 

 

[user1001]

19 hours ago, Noah Lott said:

she is not a tourist who plans to depart the US after a visit....that is the underlying issue.

Makes sense.

[user1001]

17 hours ago, Provence said:

You do realize a tourist visa is only for visiting, a short term thing? 

 

Yup