Can spouse visit on B2 and convert to H4


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I have my sister in law about to get married to someone in US who is on H1. Since the immigration offices are closed due to pandemic, we want to see if she can travel with her spouse to US on B2 visa which she currently holds. We plan to conver that to H4 once the offices open and she is able to get her visa interview slot. Will travel on B2 cause any problems while applying for H4.

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Entering on one visa with the intent to change to another status can be considered immigration fraud.

There is an informal 30-60-90 day rule. Changing status before 30 days is very risky, changing status after 90 days is considered ok because the assumption is that this wasn't planned. As always, YMMV.

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  • 2 weeks later...

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