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Change Visa status from B1/B2 to H4 .. is it possible?

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Hello Everyone I need someone to help me with this ..

I'm working with my H1B now .. My wedding is next march in my country and my fiance has B1/B2 Visa .. My question is, after the wedding, can we just come back to US using her B1/B2 Visa and then apply for her H4 Visa to change her status? I asked an attorney and he said its a fraud if we do it this way .. What do you think?

Thanks

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Your fiance's B1/B2 visa is used for visiting only. If you are having wedding, it means he has immigration intent which is considered to be fraud like that attorney told you guys. If you already have marriage license, you can apply for CR1 visa. If you are just simply engaged, K1 visa is applicable. Both of those visas require time to wait so you'd better consult from your attorney.

But the wedding is not in the US .. this means my fiance is not coming mainly for the wedding .. What we are trying to do it to save some time and instead of keeping my wife for 2-3 more months after the wedding back in my country until she be able to come to US. CR1 and K1 and for immigrants or citizens .. and this is not my case as I am a foreign worker under H1B

Is there a way to have the wedding in my country and come right after marriage before having her H4 Visa application submitted, or even after submitting it but before getting acceptance?

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I agree with your attorney.

If this were possible, then it would seem the IR-1/CR-1 would be pretty useless except for those who could not get a tourist visa.

Thanks for the reply .. but as I just mentioned, CR1 is for immigrants and I'm just a foreign worker under H1B ..

Isn't it possible that my wife is coming for visit me under her B1/B2? I'm just curious as I don't see a problem with that .. in my opinion, visiting under B1/B2 Visa then changing the status to H1B is worst. As the visitor might have the intent of coming looking for work not for visiting.

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Filed: AOS (apr) Country: Denmark
Timeline

Thanks for the reply .. but as I just mentioned, CR1 is for immigrants and I'm just a foreign worker under H1B ..

Isn't it possible that my wife is coming for visit me under her B1/B2? I'm just curious as I don't see a problem with that .. in my opinion, visiting under B1/B2 Visa then changing the status to H1B is worst. As the visitor might have the intent of coming looking for work not for visiting.

It doesn't matter where you marry and it's not about work either; it matters that she's using the wrong visa to enter the US if she's planning on more than just visiting as a tourist.

If she wishes to join you, she'll apply in her home country. When you're planning on it even before you enter the US, it's using a wrong visa.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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It doesn't matter where you marry and it's not about work either; it matters that she's using the wrong visa to enter the US if she's planning on more than just visiting as a tourist.

If she wishes to join you, she'll apply in her home country. When you're planning on it even before you enter the US, it's using a wrong visa.

Thanks moomin. Do you have any idea how long it usually take for the H4 Visa to be approved?

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Filed: AOS (apr) Country: Denmark
Timeline

Thanks moomin. Do you have any idea how long it usually take for the H4 Visa to be approved?

What is the country of origin?

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Filed: K-1 Visa Country: Wales
Timeline

H4 should only take a few days.

And you can not get a visa in the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Denmark
Timeline

The truth that you are not USC make it more suspicious. If she have B2 visa or H visa then it is easy to assume that both of you are in same country and that's considered immigration fraud too. Again, people can say either you want to keep the job or you want to be with your wife. But to make the two options together, it's very hard.

H4 is for dependents so not really suspecious as long as it's taken care of before arriving in the US. A friend of my husband is here and have his wife enter as a dependent after the primary visa holder had entered the US. As long as one enters on the right visa there's no harm done.

OP, contact the embassy at consularcaironiv@state.gov if you can't find answers elsewhere.

Here's the VJ guide; http://www.visajourney.com/content/temporary-worker-guide

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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