viral_u Posted January 12, 2012 Report Share Posted January 12, 2012 Hi, Could anybody help me on following? Can my prospective spouse come to US on visitor visa; we get married here and she returns to India, and later I add her to my papers; file for I-485 together whenever my priority date becomes current? In that case, is it necessary for her to be available in US at the time of filing our I-485 or she has to stay in US on any visa throughout the process? After getting married here, can my prospective spouse go back to India and apply for H4 (while I am on H1 here)? Thanks Link to comment
Attorney_22 Posted January 12, 2012 Report Share Posted January 12, 2012 Generally, a fiancé is eligible to travel to the U.S. on a B2 visa to attend a marriage ceremony and then depart the U.S. In obtaining the B2 visa it is important your fiancé is honest regarding the purpose of her trip and to document ties to her home country as evidence she will return after the marriage ceremony. After returning to her home country she would be eligible for an H4 visa as your dependent as long as you are in valid H1B status. Depending on where your spouse is when preparing to file your I-485 petition will determine whether she adjusts status, or files for consulate processing. If you have additional questions, please contact a qualified U.S. immigration attorney directly. Link to comment
viral_u Posted January 13, 2012 Author Report Share Posted January 13, 2012 Thank you so much for reply guys. Any more suggestions are welcome. Link to comment
pontevecchio Posted January 13, 2012 Report Share Posted January 13, 2012 She can come over in H4 status after Marriage. In fact you can get married in your home country. Link to comment
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