amantyagi Posted February 5, 2012 Report Share Posted February 5, 2012 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. Quote Link to comment
pontevecchio Posted February 5, 2012 Report Share Posted February 5, 2012 is the girl your wife/? Quote Link to comment
amantyagi Posted February 7, 2012 Author Report Share Posted February 7, 2012 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. Quote Link to comment
pontevecchio Posted February 7, 2012 Report Share Posted February 7, 2012 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. Quote Link to comment
amantyagi Posted February 7, 2012 Author Report Share Posted February 7, 2012 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. Quote Link to comment
Chitown01 Posted February 7, 2012 Report Share Posted February 7, 2012 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 Quote Link to comment
pontevecchio Posted February 7, 2012 Report Share Posted February 7, 2012 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. Quote Link to comment
Chitown01 Posted February 7, 2012 Report Share Posted February 7, 2012 Pontevecchio is correct - It would be considered fraud and might affect future visa approvals Quote Link to comment
amantyagi Posted February 8, 2012 Author Report Share Posted February 8, 2012 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. Quote Link to comment
samirakapoor Posted November 30, 2015 Report Share Posted November 30, 2015 did you get answer .How did you go about it ? Quote Link to comment
rahulraipelly Posted October 16, 2020 Report Share Posted October 16, 2020 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. Quote Link to comment
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