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Jas H.

Tourist Visa to Dependent or Student Visa?

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Filed: Timeline

Dear all, I would need your advise on this.

My Tourist Visa is going to expire on November 2012. I know I dont have much time left. My Fiance holds a H1B visa and is working here. Is there a way for us to get married here legally so that I can proceed to apply for my dependent visa?

Another question is,within this limited period of time, would I be able to apply for a student visa? Of course, i would have to go through the whole process of registering at a school, get my I20 then apply for student visa at the immigration. During this process, will I be allowed to stay if my visa expires?

Please please please help and advise on this.

Thank you

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Dear all, I would need your advise on this.

My Tourist Visa is going to expire on November 2012. I know I dont have much time left. My Fiance holds a H1B visa and is working here. Is there a way for us to get married here legally so that I can proceed to apply for my dependent visa?

Another question is,within this limited period of time, would I be able to apply for a student visa? Of course, i would have to go through the whole process of registering at a school, get my I20 then apply for student visa at the immigration. During this process, will I be allowed to stay if my visa expires?

Please please please help and advise on this.

Thank you

I believe you would have to be out of the states to apply as a dependant spouse for an H1B visa holder. As you stated in your other thread, you have already applied for an extension on your B2, this will more than likely be denied. You fiance is not a USC, so your options are very limited. You could get married, but I believe you would have to leave the states before applying for an H4 visa. I'm sure someone will correct me if I'm wrong.

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Filed: Timeline

I believe you would have to be out of the states to apply as a dependant spouse for an H1B visa holder. As you stated in your other thread, you have already applied for an extension on your B2, this will more than likely be denied. You fiance is not a USC, so your options are very limited. You could get married, but I believe you would have to leave the states before applying for an H4 visa. I'm sure someone will correct me if I'm wrong.

Thanks Teddy... so looks like no matter what I got to leave US? :(

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I think you could change status from B2 to H4 in US, but if you leave US after that, you have go to US Consulate to get a new H4 Visa stamp in your passport to enter US again.

Note that H4 is not authorized to work in US.

Done with K1, AOS and ROC

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