Already married but spouse has B1/B2 visa

[canadian_wife 1,827]

H1B is a dual intent visa. Meaning it is assumed that they will become immigrants down the road as that is what the visa was designed for. Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as dual intent, meaning an H-1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. So your views from adjusting status from an H1B visa is incorrect as they have the legal ability to do so.

My view is the same. If you bring your wife over here on a B2 visa with the intent of immigrating, then you have committed fraud. Your wife being legally in the US does not matter. It is her intent at the border. If her intent is to adjust status from a tourist visa then you are subject to deportation and a ban.

Good luck.

[Reba 2]

Yep, H1B work authorized visas are an entirely different animal than a visitor B2 visa. H1Bs are for immigrants to come to live in the US, and yes, bring their family on derivative (which have their own limits of course), and possibly adjust status to permanent resident, if their employer chooses to sponsor them. B2 visa is NOT dual intent, and to enter the US on a B2 status with INTENT to attempt to immigrate is illegal. An adjustment of status application from B2 status can be denied, and the person will be under immediate deporation proceedings, and will likely be banned for life.

Now, if your friends want to take the chance of her being banned for life, yeah, go ahead and try it. We can't stop them. It's their life.

[Jon&Lindsey 0]

Like the others said, entering on an H1B visa is *much* different to coming on a visitor's B1/2 visa. If it were legal to enter on a visitor's visa, marry and stay (with all this pre-planned and intention on entry), everyone would do it, and why would there be K1/K3/CR1 visas?? There is no way round this issue - it is visa fraud to enter on a visitor's visa *with intention* of staying and adjusting status.