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  1. #1

    Default Marrying on B2 visa to a H1b holder, need help urgent

    Dear Gurus, need your advise and it is highly appreciated

    My friend is on a H1b visa and she on her 6th year and has no valid visa stamping, fling for her extension as she is having a approved I-140 . She is now thinking of getting married to a person from back home and he is working for a good company as a s/w engineer. Now we are just wondering how to handle the situation? what would be the best option as she cannot travel to India now because of her status.

    Is it okay to ask him to come to USA on a B1/B2 visa and after waiting for a period of time ( like as 60 days or so) can they get married here in USA and apply for a change of status for him to H4? or can he travel back to India and file for H4 after the marriage?

    we will be very very thankful to you for your advise.

    thanks
    vanaja

  2. #2
    Join Date
    Oct 2008
    Posts
    5,902

    Default

    He can marry while on B2 Visa. They will need to follow the laws of the state where they get married. Change of status to H4 is not recommended. He should return, apply for H4 Visa and then come with that Visa.
    This is my opinion and not legal advice.

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