Bring in Spouse on Visit Visa

D

DesiCanadian

Registered Users (C)
I am on TN visa whereas my wife is on dependent visa TD. I have got my H1B approval. As a Canadian Citizen I don't need visa stamp on my passport but my wife is not Canadian so I need her H4 visa appointment through US Embassy.

My question is though my wife does not carry Canadian Passport but she has valid multiple entry US visit visa. We are going back home in Nov/Dev, so instead of bring her back in on H4 (H4 needs visa appointment - too much time and money invloved) can she enter on visit visa while I will be with her carring H1B status. The reason is as I have got already visa appointment in Vancouver but I can't manage to go because of work load. I am thinking og going somewhere next year.

I would appreciate any sort of help in this matter.
Thanks.
 
DesiCanadian said:
We are going back home in Nov/Dev, so instead of bring her back in on H4 (H4 needs visa appointment - too much time and money invloved) can she enter on visit visa while I will be with her carring H1B status.
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It's unlikely. Can she meet the foreign residence requirement for B status?
 
I didn't really know what the "foreign residence requirement for B status" is, but I don't see any other reason why she cannot enter with her B-1/B-2 visa instead of H-4.
 
B-1/B-2 = the OP's wife needs to prove that the US trip is just a visit and she will go back to "her home" in Canada. Having an H-1B holding husband does not help her case.
H-4 = the OP's wife only needs to prove she has a husband on H-1B

A world of difference!!!
 
Thanks for the replies. Can we just tell them that she is visiting her spouse carring H1-B status in USA?

We really don't have a commitment in Canada anymore since we both moved here last year. Immigration usually give 6 months entry visa, so we'll be having enough time to go back and stamp H4 status.
 
snugjoint said:
I didn't really know what the "foreign residence requirement for B status" is, but I don't see any other reason why she cannot enter with her B-1/B-2 visa instead of H-4.
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In order to enter in B status, you must have a foreign residence that you have no intentions of abandoning, and demonstrated ties to your home country. The spouse apparently does not, and is not intending to enter as a visitor, she is intending to enter as an H dependent.

As such, she should get an H visa.
 
Thank you for clarifying! Now I understand. Since that "residence abroad" requirement applies not just to B but also to F, H (except H-1), J, M, O-2, P, and Q all the same way, I still don't think it makes a big difference. But since the OP seems to have made up his mind to apply for an H-4 visa, discusssing the issue further serves no purpose here. Anyhow thanks for filling me in.
 
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