B1/B2 to H4 transfer possible while in US

[amantyagi]

Hello folks,

I am in the US on H-1. Is it possible for the girl to come to US on B-1/B-2 visa and transfer to H-4 while in US? I am unable to go to India right now as i am a consultant not a permamnent employee.

Thanking you all in anticipation of the reply.

[pontevecchio]

is the girl your wife/?

[Chitown01]

Yes

[amantyagi]

Yes, since i am unable to visit India i can ask the family of the girl to come visit on B1/B2 and then change to H-4 if we do court marriage.

[pontevecchio]

You are going into deep waters. Are you already married to this girl in India? Any person coming on B2 and then trying to change to H4 status will be subject to enormous scrutiny and even may be accused of misrepresentation. Get your visa in Canada and then let her get the H4 visa at the right time.

[amantyagi]

I have not married yet. Besides, even if there is enormous scrutiny, i have nothing to hide or fear nor does my to be wife. So i am not thinking on those lines. I am wondering about if it is legally possible for someone to come to US on B1/B2 and then transfer to H4? Thanks for your reply.

[Chitown01]

You can apply for COS to H4 after marriage....However you SHOULD NOT go that route....she might face lot of scrutiny while h4 stamping and might get rejected as welll....Just sets a wrong precedent...

A

[pontevecchio]

By enormous scrutiny I man it would be considered fraud in many cases if one enters as a tourist and then tries to get married with preconceived intent and tries to change status. You can certainly get married here. She should then leave and come back with the H4 visa.

[Chitown01]

Pontevecchio is correct - It would be considered fraud and might affect future visa approvals

[amantyagi]

Got you now. I sincerely appreciate your inputs and wouldnt do anything that would set a wrong precedence. I hadnt realised the intensity unless you explained to me. Both of you thanks a lot again. I think i will wait till i have my first 2 stages of Green card done and then i will take a chance to visit India and get a stamp.

Regards for the good work that you do free of cost.

[samirakapoor]

did you get answer .How did you go about it ?

[rahulraipelly]

Hi,

my case is similar to the above. spouse is on H1B in the US. we are married for 5 years. i have a B1/B2 visa. appointment for H4 is delayed due to covid situation. can i visit the US on B1/B2 and following the 90 day rule apply for transfer to H4.