B1/B2 Visa to H4 Status Change

[ZeroDay 0]

Hello everyone

 

My fiance has a B1/B2 visa. She visited US twice to her sister and brother-in-law. This time, she will visit and we also get married. I am currently in a H1B visa (status changed from F1 a year ago) with an University. Now, we would like to apply change of status of her (to H4) after marriage. Is there any restrictions/complications on applying change of status of above.

 

My employer also preparing my Green Card which is currently waiting for labor certification. So, if my fiance can get the H4, my employer would be able to include her as my dependent. However, is any of these processing will contradict?

 

What would be your suggestion from experience?

 

Note. I cannot travel outside US due to covid-19 related embassy backlog on issuing H1-B visa. So, is there any special consideration for people like us from USCIS.

 

Thanks in Advance

[SusieQQQ 11,584]

I have heard before of people changing from B to H4 status without an issue, however, those people were already married. Not sure if wanting to get married in the US will add a layer of complication. Have you thought of a plan 

b in case she is refused entry at the border?

[Adventine 3,187]

is it possible to travel to the US on a B visa with preconceived intent to adjust to H4? Because that is how I understood the initial question.

[SusieQQQ 11,584]

6 minutes ago, Adventine said:

is it possible to travel to the US on a B visa with preconceived intent to adjust to H4? Because that is how I understood the initial question.

Apparently it is because H4 is technically a non immigrant status. I had that exact question on a different forum a while back but it appears it is actually ok 🤷‍♀️ 

[Adventine 3,187]

Interesting... learned something new today.

[arken 4,197]

If told at the POE the intent is to marry and change status to H4, i bet one will have issues and probably sent back but i guess it's not as critical as entering with intent to adjust status.

Edited July 28, 2021 by arken

[SusieQQQ 11,584]

1 hour ago, arken said:

If told at the POE the intent is to marry and change status to H4, i bet one will have issues and probably sent back but i guess it's not as critical as entering with intent to adjust status.

It seems using B status as a bridge before and between H statuses is quite common. As I said above not sure if the marriage part would somehow throw a spanner in the works - there was no answer about what plan B is if the fiancée is refused entry.