Visiting husband on B2 Visa

[var_12 0]

Hi friends,

Need your comments/inputs on the visa situation I find myself in.

I am on H1-B visa and been in the US for the last 4 years.

My wife was also employed in the US, and was on L1-B so far. She had to leave the country after 5 years due to visa max-out.

She also has B1/B2 visa, issued by the employer few years ago, which can be used as visitor visa as well. It's valid till 2018.

Currently, my visa is undergoing renewal. Since it would take at least couple of months for my visa renewal (assuming it's done in premium and I am pushing for it) and another couple of months to initiate H4 for my wife, I was wondering if the following approach is feasible instead of waiting for H4.

Can my wife use her B1/B2 (visitor visa) to travel to the US now?

My idea is while she stays here, I will get my H1-B approved petition (if everything goes fine) and then I can file for conversion using I-539. With this, she can come early, continue to stay here and doesn't have to leave the country for stamping.

Having said these, I have these concerns.

1. Is it risky to immediately come back to the US on B1/B2 (Visitor visa) after having spent 5 years in the US on L1-B?

2. When I am in H1-B here, will it be risky for my wife to say (at the port of entry immigration interview) her husband's in the US on H1-B but she's visiting him on B1/B2? Will this cause any issues at the Port-of-Entry interview?

3. Given our situation, what would be the ideal thing to do?

4. Also, what are the docs that need to be showed at the Port of Entry if she comes in B1/B2 visitor visa?

Thanks a lot in advance!

[KierenHby 897]

She can visit on a B visa, but not with the pre-conceived intent to change status (to H4). She ought to file for an H4, and return to India when her appointment comes due. It's ill-advised to enter on a B visa with the intent to sidestep the waits for H appointments in India.

[abhi_meli 150]

Remember the CBP Officers aren't dumb. Using a tourist visa to to circumvent the process might land you in trouble.

[var_12 0]

Thanks for the reply.

Please note that I am not trying to circumvent this process.

My wife would be coming here on B2 visa with a return ticket. Since the H4 dates are few months away, she is planning to visit as a visitor during this time.

During this time, if my H1 renewal is done and I get the approved petition, wanted to cehck if there is a possibility for my wife to continue staying here with the COS route (B2 to H4).

Else, the ides is for her to go back, get the stamping as H4 and then come.

And of course, we are not going to convey to the CBP officers that converting to H4 is the primary motive as it is not the case.

Question is that in case during her stay here, if my approved petition is obtained, would it be

1. Legal and possible to go for COS to H4?

2. Even if yes, what could be the potential risk involved?

Thanks!!!!

[KierenHby 897]

There are risks associated with B entrys for H4 eligibles. Does she have H appointment in India? Which consulate?

[var_12 0]

Thanks for the reply, KierenHby.

Actually, my H1B is undergoing renewal. It's only after I get the approved notice will I be able to initiate H4 process for my wife. There is going to be a massive delay and that's the reason, I am trying to explore all possible options.

I am pushing for premium processing, though.

Current interview date for H4 in India is February.

Consulate would be Chennai.

[KierenHby 897]

She waits for your renewal to come through, no biggie. You guys were together the past 4 years; a 109-day wait for a Chennai interview seems manageable compared to the several months or years many spouses endure being away from their overseas spouse.

I waited 11+ months, and I didn't look at it as massive delay.

Edited September 14, 2016 by KierenHby

[var_12 0]

Thanks for the reply.

I am curious about bringing her in B2 visitor visa right away.

Just have this following thought pricking me.

Will a person travelling to US to visit their spouse on a B2 visa be frowned upon?

Does this involve more scrutiny?

Will this be posing some risk at the port of entry?

[abhi_meli 150]

Thanks for the reply.

I am curious about bringing her in B2 visitor visa right away.

Just have this following thought pricking me.

Will a person travelling to US to visit their spouse on a B2 visa be frowned upon? No one is going to frown upon.

Does this involve more scrutiny?yes.

Will this be posing some risk at the port of entry?It might.

[var_12 0]

Thanks, again, for the reply!!!!!

Please see my questions inline in blue colour. Would be great if you can clarify more.

Thanks for the reply.

I am curious about bringing her in B2 visitor visa right away.

Just have this following thought pricking me.

Will a person travelling to US to visit their spouse on a B2 visa be frowned upon? No one is going to frown upon. Reason I asked this question is - if my wife says at the Port of Entry that she is visiting her husband, I am wondering if this might pose a problem. Would the officials think she's coming with the wrong visa and should rather have come in H4?

Does this involve more scrutiny?yes. What kind of scrutiny would be there?

Will this be posing some risk at the port of entry?It might. What kind of risk do you foresee?

[az2014 381]

OP you are asking questions that nobody knows apart from the CBP on the day. Some might think your wife will stay in the USA, others that she will leave.

All your wife needs to do is answer the questions asked honestly, nothing more.

[KierenHby 897]

It's the same Qs repeating (on other forums as well), and the combined advice is a B2 is risky and unsuitable for her and you know that too. All your ques relate to B2 right away. An H1b spouse should ideally enter on an H4 but you come across as very keen that your wife circumvent that process.