Accompanying a H1 holder on a B1/B2 visa

[nefan]

Hi,

 

My wife has a visiting visa which she got before we got married (for her brother's commencement but she never travelled on it.).

 

I have a H1B and am likely to travel to US in a couple of weeks. My company for some reason isn't willing to file H4 for my wife as they feel my staying in India for 6 months even after having the H1 stamped would cause an issue for her during H4 interview.

 

So they are suggesting, I go to US, get 3 months of paystubs and then send my wife for H4.

 

Now, in this scenario, can my wife travel with me on her B1/B2 visa. I am planning to send her back after I have the paystubs to attend the H4 interview.

 

Will she face any issues at the POE if she travels on her B1/B2? We are planning to tell the truth to the officer at the POE that her H4 was getting delayed and so she had to travel on her B1/B2. We are also planning to tell them that she will go back after a few months to get her H4 done. Is that OK?

 

Please help.

[jairichi]

Hi,

 

My wife has a visiting visa which she got before we got married (for her brother's commencement but she never travelled on it.).

 

I have a H1B and am likely to travel to US in a couple of weeks. My company for some reason isn't willing to file H4 for my wife as they feel my staying in India for 6 months even after having the H1 stamped would cause an issue for her during H4 interview.

 

So they are suggesting, I go to US, get 3 months of paystubs and then send my wife for H4.

 

Now, in this scenario, can my wife travel with me on her B1/B2 visa. I am planning to send her back after I have the paystubs to attend the H4 interview.

 

Will she face any issues at the POE if she travels on her B1/B2? We are planning to tell the truth to the officer at the POE that her H4 was getting delayed and so she had to travel on her B1/B2. We are also planning to tell them that she will go back after a few months to get her H4 done. Is that OK?

 

Please help.

She can apply for a H4 visa contrary to what employer suggested. She can absolutely travel on B1/B2 visa. But, you are not telling the truth at POE that her H4 was getting delayed as she has not applied for it.

[t75]

She should go for H4 stamping with your documents.  Your company does not need to file other than as a courtesy if she is in the US and they are filing for you. Her H4 depends on your H1B and not your company's sponsorship. Don't waste your money on 2 tickets when 1 will do.

 

FYI, it would have been easiest if she had appeared with you at your H1B stamping.

 

I am worried about the misinformation your company has given you.

[nefan]

We weren't married when I went for my H1B stamping. She needs my employer's letter explaining our relationship and my job with the company.

[jairichi]

We weren't married when I went for my H1B stamping. She needs my employer's letter explaining our relationship and my job with the company.

She needs her passport, a copy of your I797 and marriage certificate (marriage photos in some situations).

[t75]

She needs nothing from your employer. Her H4 is dependent on you holding H1B status/approval - not even a current H1B visa stamping if yours is expired or not yet obtained.. She needs your approval notice.

 

Next time you need stamping, take her with you and get them at the same time.

Please review the USCIS website for your rights and responsibilities. You have some misinformation; that can hurt you in the future.  If you still have questions or concerns, engage an attorney for an hour to review your situation in person.