H4 spouse Stamping in USA

[chintu.pintu]

Hello All,

I am on H1B visa in US and recently married in India. My spouse has a B1/B2 tourist visa with 10yr multi arrival validity.

Currently US visa systems has technical problem and i am unable to book slot for H4 Visa in india.

http://travel.state.gov/content/travel/english/news/technological-systems-issue.html

1.Can my spouse travel with B1/B2 to US and later on apply for H4 visa in USA?

2. can the H4 visa stamping be done in US itself? or my spouse have to travel to India or anyother country outside US like canada to get the stamping?

3. I have applied for green card and my EAD will come anytime. Will there be any complications to my green card processing as a result of this?

Experts please suggest.

Regards,

Chintu

[jairichi]

1. Yes, she can apply for a COS to H4 by filing form I539.

2. There is no US consulate within US. To get a visa stamp she has to exit US.

3. No.

[JoeF]

There is no visa stamping in the US.

[hn2605]

1.Can my spouse travel with B1/B2 to US and later on apply for H4 visa in USA?

Yes, apply for change of status. 

2. can the H4 visa stamping be done in US itself? or my spouse have to travel to India or anyother country outside US like canada to get the stamping?

No, she has to leave US for VISA stamping.

3. I have applied for green card and my EAD will come anytime. Will there be any complications to my green card processing as a result of this?

NO

[livliv]

1. In principle, change of status from B1/B2 to H4 is possible, but highly discouraged.

2. No. Visa can only be obtained outside the US.

3. No, that's okay.

 

She can travel with you in B1/B2 status, but once Visa processing has resumed and before her B1/B2 I-94 expires, she should leave the US, obtain H4 Visa and return in H4 status.