B1/B2 to marry some on H1, B1/B2 to H1/H4

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expl0rer

New Member
Hi Everyone,

I am on H1 here,
I have my girlfriend in the home country and want to get married to her.
Due to some personal problems i cant go back to home country and get married there.

I am thinking of getting her on B1/B2 (Is this possible? As I am on H1 and she is not a close relative of mine). Once she comes to US I want to get married (Is this possible and can we get any legal proof that we got married) and then go for a change of her status.

Can any one please advice me of the pros and cons of my idea.
Else can any one suggest a better idea.:confused:

Thanks in advance.
 
have same question. Can anyone respond? Can someone on visitor visa come in to the US and marry someone on H1B?
 
expl0rer said:
Hi Everyone,

I am on H1 here,
I have my girlfriend in the home country and want to get married to her.
Due to some personal problems i cant go back to home country and get married there.

I am thinking of getting her on B1/B2 (Is this possible? As I am on H1 and she is not a close relative of mine). Once she comes to US I want to get married (Is this possible and can we get any legal proof that we got married) and then go for a change of her status.

Can any one please advice me of the pros and cons of my idea.
Else can any one suggest a better idea.:confused:

Thanks in advance.
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A person coming in here on a B-1/B-2 visa needs to be visiting not with an intention of getting married and settling in the U.S. This is the main reason why young single women have a tough time getting visitor visas.

People need to be true to their words on what they say to consular officials / visa application form.
 
hashraf said:
have same question. Can anyone respond? Can someone on visitor visa come in to the US and marry someone on H1B?
Click to expand...

They can.
However, they need to fill out DS-156(visa form) and tell their fiance/fiancee are in the US. That could make officers think twice about issuerance of visa, though.
 
my question is about someone who already has visitor visa and has travelled on that visa before few years ago. can making a 2nd or 3rd visit to the US on visitor visa and getting married to h1b be an issue on that 2nd/3rd visit?

yes the person will enter with the intention to marry this time but the intention was visit when the visa was issued few years ago and a trip or 2 were made earlier with the intention to visit.
 
Regardless of what the intention was when the visa was issued. This intention must REMAIN as NON-IMMIGRANT whenever the visa is used. That means you CAN NOT use a visitor visa with any intent other than visiting and going back home.
 
PraetorianXI said:
Regardless of what the intention was when the visa was issued. This intention must REMAIN as NON-IMMIGRANT whenever the visa is used.
Click to expand...

To be clear, switching to another non-immigrant status is still non-immigrant intent.

That means you CAN NOT use a visitor visa with any intent other than visiting and going back home.
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I know USCIS forbids one from attending school or switching to F status from a B, but there's no such prohibitions on switching to H status. However, I see a difficult time getting the B visa.

Why can't our OP go back home and get married?
 
You should read about the 30/60/90 rule. If she comes here and you wait for 90 days and get married, you might get away with it, but its not recommended. If the two of you ever apply for a green card they might question your change of status, and deny your adjustment of status. Just get married in your home country and get her the H4 stamp there
 
well the idea is that the person H1B wants to avoid getting stuck in security check when leaving the country and applying for visa stamp. If the girl comes on b1/b2 which she has had for about 3 years now and has made previous trips on it, the guy will not need to leave the country. Later they can apply for GC together and travel once AP comes. But from the responses it seems like the trouble will occur during change of status for the girl since she got married in the US while on visitor visa. H1B is not an immigrant visa and I thought visitors are not allowed to marry in the US if that leads to change in immigrant status.
Also is it still a problem if the girl gets married on visitor visa in the US and then immediately leaves the country and applies for H4 stamp from Canada and comes back in or is it a problem only when trying to adjust for status within the US?
 
If the girl only has visitor status in Canada, the US consulate possibly may not even entertain her visa application.

hashraf said:
Also is it still a problem if the girl gets married on visitor visa in the US and then immediately leaves the country and applies for H4 stamp from Canada and comes back in or is it a problem only when trying to adjust for status within the US?
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The checks are the same for B and H. If she got the B visa, she will likely get the H stamp as well. Why are you trying so hard to abuse the rules? B is a visitor visa. For visitor. She is not a visitor. You are trying to get her into the country under false pretenses. But you have been given that advise now repeatedly by several people, so if you still don't want to listen there isn't much we can do at this point. Good luck.
 
What if couple already married and at POE wife mention that her husband is already here and she mention her intent to apply for AOS. She will be entering US using VISA WAIVER PROGRAM (VWP for 27 countries. e.g. UK, Australia..)
 
You can't do AOS when you enter with VWP, with exception of spouses of US citizen. However, VWP is not intended to enter the US for the purpose of AOS (even when the spouse is a US citizen), and she will be certainly denied entry. There are automatic bars associated with such refusals of entry, including automatic deportation and possible detention until a flight is available back home. Get a proper visa in your home country.

USCIS closely scrutinizes AOS for VWp applicants and these cases are only granted if its clear that someone entered with visitor intent but then changed their minds and decided to get married.
 
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