Spouse Visa, Urgent!

[WS123 0]

Hey Everyone,

So basically, I currently am an international student on F1 visa, will be graduating in May 2016. However, my application for H1-B visa have been filed as well, but the work visa will not be effective until October 2016. Therefore, I will be working on OPT until then. I wanted to know that if my fiancee, who currently has the B tourist visa, comes here and gets married to me and then goes back to Pakistan (her home country), and apply for the F2 dependent visa, will there be any problem? We are thinking of doing this because I cannot travel outside the US at least until October 2016, and I am planning to bring here her by December 2016.

Therefore, we were thinking that she comes here, we get married (as in sign the marriage certificate and what not), and then she goes back and applies for the F2 dependent visa. After that, once my H1-B visa would become effective, she would have just applied for the H4 dependent visa back in Pakistan only so that by the time I go back in December, she would have her visa and everything ready, and we could take care of the remaining ceremonies and then I would have brought her here with me.

Please let me know if this sounds like a good plan or are there any other better alternatives to make sure that we can get married and I can bring her here by December 2016?

Awaiting your response.

Thanks !

[Boiler 45,663]

Is your H1b subject to the lottery?

[WS123 0]

Yes, it is subject to a lottery. I will find out sometime in May whether I made it to the lottery or not, and if I do, it will take a couple of more weeks to find out if it will be accepted or rejected.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Work Visas forum.

[jan22 3,056]

I don't understand the reason for the F2. If the plan is for her to come to the US on the visitor visa, get married, return home until all is completed for her move to the US with you December with an H4 (assuming you get the H1), why does she need the F2? It will be difficult for the visa officer to believe that she overcomes 214(b), i.e., that she has strong reasons to leave the US and return home, when she has been your financee, but you chose not to marry and apply for a derivative F visa until you have finished your studies and are already into your final year doing OPT. It will look as if this is a last-minute plan to get her into the US to stay, just in case you don't get the H1.

You can still follow your plan -- she seeks entry on the visitor visa, you get married, she returns to Pakistan, and you go to Pakistan whenever you need to/can to complete whatever ceremonies you need/want to. If you have H1 status, she takes the I-797, proof of your marriage, and applies for the H4. As your H1 status was achieved through a change of status, since you are now outside the US, they will likely want to see that you have been issued an H1 visa, since you will need it to return to the US. The easiest way to deal with it would be for the two of you to apply together (you for the H1, her for the H4).

[WS123 0]

Jan22,

The only thing is that (and I might be wrong) but from what I have heard is that my H1-B will not be effective until October 2016 and she cannot apply for the H4 until then even if we are married. And, if she applies directly for the H4, it will take a lot of time most likely, but when she will already have an F2 visa, she would just need to fill in a new application for H4 and just get her F2 visa transferred to H4, and that would not be that time consuming.

Furthermore, once she enters the U.S. she will show all the evidence necessary to prove that she is going to go back, because she cannot live me with anyway until after the relevant ceremonies. She would have just come here so that we could sign the marriage documents and obtain a marriage certificate that she will need in order to get the F2 visa.

And I just want to be sure that when I go back in December, she has her paperwork processed and everything so that I can bring her back with since I will not be able to go back for more than 10 days. I know that I will also need a new visa stamp, but do you think if she applies for the H4 right after October 2016, and I apply for my visa stamp when I go back in December, that will be a problem?

Do you think whatever we are planning to make sure that we can move to the US in december is not the best option. What is the best option according to you?

Your help is really appreciated and I am really confused and this is the best possible way for me to get some advice.

[jan22 3,056]

Skip the F2 -- depending on the timing, it could well be denied, and it doesn't sound like she needs it, if she has no intention of living in the US with you on it anyway. It will make absolutely no difference to the processing of an H4 if she has one or not. As long as she has proof that you are properly in H1 status and that you are legally married, she should have no problem having the H4 processed quickly (a matter of a few days, depending on the time to get an interview appointment). If she applies while you are still in the US (after you are legally married, of course), she will need an original of your I-797 that shows your approved change of status and evidence that you are actively working in the position for which the H1 petition was approved (i.e., recent pay receipts or evidence of direct deposits). It also helps if she has some basic knowledge about your job (e.g., the name of the company you work for, the city in which you work, and a general idea of what you do -- software developer in the area of [whatever it is], medical researcher in [whatever it is), etc.). Knowing the basic information about your job helps make her application more credible, since it will be a recent marriage.

[Boiler 45,663]

I would wait for the lottery result before getting too focussed.

[WS123 0]

Jan22,

Thank you so much for all the advise and I really appreciate. However, even if she directly applies for the H4 only once we are legally married, she will have to come here only for getting married because proxy marriages are not accepted, and I cannot leave the US. At the same time, I also want to be sure that whenever I go back for the ceremonies and everything, she already has the relevant visa in order to be able to come back with me. So, lets says if she still comes here in the Summers, and gets married (as in we get the marriage certificate that we are legally married), and she goes back but does not apply for the F2 dependent visa and rather waits until my H1-B is approved and then just applies for H4 only, do you think this could work?

Because I get your point that she might be denied the F2 visa considering that she is not going to use it to come here and live with me, but I just want to make sure that we can get it done right and does not face any problems. Furthermore, it is like she is going to come here in the Summers for the marriage certificate thing. So please tell me what should be done?

Also, will be she be able to apply for the H4 once I am approved for H1-B or will she have to wait until October 1st (which is the date my H1-B will be effective from?)

Awaiting your response. Please let me know at your earliest convenience.

Boiler,

Yes, we are not going to get married at least until the lottery result is out anyway. But, she will still need to come here before that because she will have to keep in mind the 60 day rule before getting married, right?

[Boiler 45,663]

60 day rule, no such thing.

[WS123 0]

Boiler,

From what i have heard, if you come to the US on a tourist visa to get married, it is recommended to wait at least 60 days before getting married in order to avoid any issues with the change of status.

[Transborderwife 4,666]

She cannot change status anyway as you aren't a citizen

[Boiler 45,663]

The 60 day thing is an old wives tale and in any event refers to adjust to an immigrant status.

[WS123 0]

Transborderwife,

So, whatever I am planning to do, will it work fine or will it have any problems?

Boiler,

So, I do not need to worry about the 60 day thing and we can get married whenever we want to once she gets here?

[Boiler 45,663]

Las Vegas Baby, many people come to the US as non immigrants to marry.

Coming with the intent of staying is an issue, well with a B or an F, H allows dual intent.