Getting married on B1/B2 to and H1b

[Samb1toh4]

I am in a unique situation and after searching extensively I havent really found any solid answers.

I have been with my gf for past 1.5 yrs and she has entered US on J1 for internship at Google, B1/B2 ( she has 10 yrs multiple entry) in sept for interviews at google, jan to visit me and do some more interviews for 1 month, and now again in april for visiting usa ( entry valid this oct this year)
She was one of unfortunate person to not get selected in H1b lottery this year and might be possible that her offer from Google Inc expire.

I am really tired of living separately for extended periods of time and proposed her to get married to me ( H1b holder, never stamped but approval till oct 2014). She said yes and to avoid any immigration issues due to planned small court wedding on her B1/B2 visa .. we will follow 30/60/90 rule.

Question is :-

a) Is a court marraige or a very tiny wedding at a hotel be okay to process h4 visa ? since we dont plan of spending lot right now to plan family wedding in our countries.

b) When she returns back to macedonia, is it possible they would scrutinize her on entering usa on B1/B2 and getting married ? I see it online it is generally not a big deal since she is getting non working h4 dependent visa but I could be wrong. What kind of questions will she be asked.

c) Is it possible for her to be rejected for H4 visa ? if so does that affect her current B1/B2 visa (valid for 10 yrs multiple entry), since we are worried about not being able to be with each other for extended period of time.

d) If by any chance she is not able to enter US on H4 or B1/B2, is it still possible to process our I485 while she is in her country (with out H4) and she getting advance parole and travelling with that? ( my green card application is in process and I485 is not filed)

I APPRECIATE ANY RESPONSE IN THIS REGARD !!! I AM INDEED TRAPPED and worried about this everyday.
I dont want to go out of country and get married since I am extremely busy with work and want to save my vacation time to go to some island for honeymoon next year.

 

[TheRealCanadian]

a) Is a court marraige or a very tiny wedding at a hotel be okay to process h4 visa ? since we dont plan of spending lot right now to plan family wedding in our countries.

That's fine. Her marriage to you just gets her an H-4, which doesn't convey much in terms of benefits. The amount of marriage fraud for an H-4 is pretty miniscule.

b) When she returns back to macedonia, is it possible they would scrutinize her on entering usa on B1/B2 and getting married ? I see it online it is generally not a big deal since she is getting non working h4 dependent visa but I could be wrong. What kind of questions will she be asked.

Not sure what she'll be asked, but clearly she left the country after getting married so her intent was clearly temporary. No worries.

c) Is it possible for her to be rejected for H4 visa ? if so does that affect her current B1/B2 visa (valid for 10 yrs multiple entry), since we are worried about not being able to be with each other for extended period of time.

It's technically possible, but rare. The biggest risk is that she has insufficient evidence of your H1 status (she needs a copy of your I-94 and recent paystubs) and if they ask she needs to be clear that she understands she CANNOT work on an H-4.

If by any chance she is not able to enter US on H4 or B1/B2, is it still possible to process our I485 while she is in her country (with out H4) and she getting advance parole and travelling with that? ( my green card application is in process and I485 is not filed)

No. She must be in the US to file an I-485. Focus on the H-4, it should not be too hard to get.

 

[Kala09]

Marriage in the US/visa formalities

Hi,

My fiancé is in the US undergoing his Master's Program. He will be graduating in Dec 2013 and will be joining work in the US from January 2014. Since he was on F-1 visa during his studies, he will be joining work on OPT(Optional Practical Training). His employer will process his H1-B visa in April 2014.

I am working in India. The plan is to visit him on B-2 visa in January 2014 once he joins work. We are considering getting married in the US within a month of my visit.

We do plan to undergo a Hindu ceremony in India but that will be by end of the year 2014.

My questions are

1. How Long can I stay in the US with B-2 visa(Tourist Visa)?
2. Once I am married to him, will there be any change in my visa status?
3. We are looking for a job opportunity for me in the US with his Employer. I currently work on one of the products that his employer uses. His Employer has mentioned that they will provide professional career counselling for the spouse. Since I am going on B-2 visa and will be married to him, can I attend the job interview there with his employer?
4. Once married, can I continue to stay with him or will I have to return to India once visa expires?

Your's sincerely,
Kala09