Change of B2 Status to H4

Ann_grace

New Member
I hold B1/B2 Visa and my fiancé hold H1 B with I-140 approved .Can we get marry in USA and apply for change of status to H4 for me ?
or what is the process of getting married in USA as he cannot travel to any countries for now .
 

SusieQQQ

Well-Known Member
I hold B1/B2 Visa and my fiancé hold H1 B with I-140 approved .Can we get marry in USA and apply for change of status to H4 for me ?
or what is the process of getting married in USA as he cannot travel to any countries for now .
Are you already in the US?
 

SusieQQQ

Well-Known Member
No, I’m not in USA now but I can trAvel to USA with B1/ B2 Visa
And when they ask of your proof to leave again then what? You will have to be honest about your intentions and will be refused entry. Seems in your situation like many other people you probably have to wait till traveling is easier. Shouldn’t be that long anyway.
 

newacct

Well-Known Member
You will have to be honest about your intentions and will be refused entry.
Why will they be refused entry if they are honest about their intentions? Intending to marry and change status to H4 should be fine as long as they don't intend to do Adjustment of Status later in that stay. We are not sure whether the OP intends to do Adjustment of Status, though I guess the officer could think it is likely due to the approved I-140.
 

SusieQQQ

Well-Known Member
Why will they be refused entry if they are honest about their intentions? Intending to marry and change status to H4 should be fine as long as they don't intend to do Adjustment of Status later in that stay. We are not sure whether the OP intends to do Adjustment of Status, though I guess the officer could think it is likely due to the approved I-140.
Not the purpose of a B visa.
 

SusieQQQ

Well-Known Member
9 FAM 402.2-4(B)(2) says that one can get B2 visas for the purpose of marrying a nonimmigrant and changing status, as long as they do not intend to remain permanently. I think the problem here is just that the I-140 implies they intend to remain permanently.

I was not aware of that provison. However - it says “Fiancé(e)s who establish a residence abroad to which they intend to return”. Doesn’t sound like that applies here.
and “B status is not appropriate if the fiancé(e) intends to remain permanently in the United States after admission, even if he or she would seek to do so by filing an adjustment or change of status application.” Fact that i140 was mentioned as you say seems to imply she wants to stay permanently.
 
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