H-4 visa for German citizen marrying H-1B visa holder in USA


neel134

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Hi,

 

I have a specific question to which I am unable to find answers to. It would be very helpful if you could give me some pointers.

 

I am an Indian citizen currently on H-1B in the US. I just had a change of status from F-1 to H-1B and the H-1B will be active from October 2014. So I don't have the H-1B stamp on my passport yet.

My fiance is a German citizen touring in the US. German citizens just need to fill up an ESTA form and can travel to the US with their passport, no visa required.

Once we get married in the US, can I apply for her H-4 visa in the US without leaving the country? Is it possible to somehow change her visa status without flying out to India or Germany to get her H-4 stamped?

Can she extend her stay in the US beyond 90 days once we get the marriage certificate?

What is the process to change her status to H-4 without flying out of the country?

 

And if it is mandatory to fly out of the country to get her visa stamped, what is the process of applying for her H-4 in that case?

 

I would really appreciate it if I can get some answers to these questions.

 

Thanks

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Hi,

 

I have a specific question to which I am unable to find answers to. It would be very helpful if you could give me some pointers.

 

I am an Indian citizen currently on H-1B in the US. I just had a change of status from F-1 to H-1B and the H-1B will be active from October 2014. So I don't have the H-1B stamp on my passport yet.

My fiance is a German citizen touring in the US. German citizens just need to fill up an ESTA form and can travel to the US with their passport, no visa required.

Once we get married in the US, can I apply for her H-4 visa in the US without leaving the country? Is it possible to somehow change her visa status without flying out to India or Germany to get her H-4 stamped?

Can she extend her stay in the US beyond 90 days once we get the marriage certificate?

What is the process to change her status to H-4 without flying out of the country?

 

And if it is mandatory to fly out of the country to get her visa stamped, what is the process of applying for her H-4 in that case?

 

I would really appreciate it if I can get some answers to these questions.

 

Thanks

Ask her to approach an US consulate and apply for a H4 visa. She needs only a copy of your I797 and marriage certificate.

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So that means, after getting the marriage certificate in the US, she has to fly back to Germany and approach a US consulate there to get the H-4? There is no other way she can continue to stay in the US without flying back?

 

Yes. She can NOT change status in the US. The B2 visa waiver does NOT allow that.

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