need your opinion

W

wisefish

Registered Users (C)
I\'m holding H1 visa and filed Employment-Based AOS last year.
My girlfriend and I would like to get married this year.
We are thinking to get married in the US. I am think she apply H4 so that I can file I-485 for her.

1. Can she enter the US using the visitor visa and after we get the
   Certificate just go out of the US and return as H-4?
   Will this method affect her I-485 application in the future
   because she enters the US with different intention?
2. No matter where we get married, when I file I-485 for her, is she
   required to be physically in the US? If so, when can she leave the
   country (i.e. until receive the receipt from INS like the normal AOS
   applicant)?

Please post your opinion
Thanx,
 
H4

I think it\'s better for both of you get married in her country. Then, she can apply H4 at local consulate. I personally don\'t think it\'s a good idea to change from B to H (just my opinion. There are lots of people who have suceeded in changing their status this way.)

Technically, she must be in the States to apply AOS. If she stays at her home country, probably you might want her to apply CP. If she is in the AOS, she can travel using her valid H4 visa or AP.
 
marriage

can u also explore follow to join option

also be careful - if ins adjudicates ur case before u marry - u r in a deep soup (read very very deep soup) because it will take 4 -6 years for her to come here
 
wisefish

dont be foolish and regret later. if your application
is approved then you are in real deep soup. It really
really takes 5-6yrs to bring your spouse here. So my
best advice is to marry her at the earliest and convert
from B to H. Once she is on H visa and applied for 485
she can travel on Parole also work on EAD.

Good Luck man.

Cool-guy
 
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