H-1B holder inviting girlfriend on B1-B2 for 90 days

[SashaTs]

Hi all!

I have the following issue and the more I look at it, the more questions I have, so decided to ask at this forum. Will be grateful for any useful answers!

I have been an F-1 visa holder for the last 5 years and just graduated from MIT, so I am applying for the H-1B visa right now (my job starts in late August).
In the meanwhile, I had the following question. I have my girlfriend back in Ukraine, where I am right now. Ideally I would like us to marry and move to US together. However, b/c we have never lived together before, I wanted her to come to US as a visitor first to see how things go (one of the main problems is that she will not have an allowance to work and the Long island where we will be leaving might be a very boring place for her).

So my plan for her was that she would apply for B1-B2 tourist visa for 90 days (and maybe she is lucky to get a stamp for 6 months) and then when we come bake to Ukraine on Christmas we marry there and she reapplies for H4 visa.
However, she is very worried (and I am getting worried as well) that she might not get the B1-B2 visa (she has been in US on Work and Travel program twice 10 year ago, but the third time she was denied of the visa) or the officer at the port of entry can stamp not for 90 days, but rather for 3 weeks or whatever.

Just in case she gets rejected of B1-B2 visa, we have reserved the marriage ceremony in advance so that we marry 1 week before I leave and then she reapplied for H4.

I would be very grateful if people on that forum could advice me on any of the following questions:

-Is it quite risky for her to apply for B1-B2 visa with the only intention just to visit me for quite a long period: 90 days?
If the chances are 9:1 to get the visa, then it's not that risky, but if it is 1:1, then we better marry right now and apply for H4 visa immediately.

-Might there be any problems in getting an H4 visa a one month after she gets rejected a B1-B2 tourist visa? (if this happens)

-If she applied for 90 days but at the border gets a stamp for 6 months, does it mean that she can stay for 6 month in US without leaving it?

Many thanks in advance! This is quite urgent since she is filing the DS-160 form these days in order to reserve the appointment to the US embassy, so would be very grateful to get any answers in the following 24hours.

Best regards,
Sasha

[raghvi]

Hi all!

I have the following issue and the more I look at it, the more questions I have, so decided to ask at this forum. Will be grateful for any useful answers!

I have been an F-1 visa holder for the last 5 years and just graduated from MIT, so I am applying for the H-1B visa right now (my job starts in late August).
In the meanwhile, I had the following question. I have my girlfriend back in Ukraine, where I am right now. Ideally I would like us to marry and move to US together. However, b/c we have never lived together before, I wanted her to come to US as a visitor first to see how things go (one of the main problems is that she will not have an allowance to work and the Long island where we will be leaving might be a very boring place for her).

So my plan for her was that she would apply for B1-B2 tourist visa for 90 days (and maybe she is lucky to get a stamp for 6 months) and then when we come bake to Ukraine on Christmas we marry there and she reapplies for H4 visa.
However, she is very worried (and I am getting worried as well) that she might not get the B1-B2 visa (she has been in US on Work and Travel program twice 10 year ago, but the third time she was denied of the visa) or the officer at the port of entry can stamp not for 90 days, but rather for 3 weeks or whatever.

Just in case she gets rejected of B1-B2 visa, we have reserved the marriage ceremony in advance so that we marry 1 week before I leave and then she reapplied for H4.

I would be very grateful if people on that forum could advice me on any of the following questions:

-Is it quite risky for her to apply for B1-B2 visa with the only intention just to visit me for quite a long period: 90 days?
If the chances are 9:1 to get the visa, then it's not that risky, but if it is 1:1, then we better marry right now and apply for H4 visa immediately.

-Might there be any problems in getting an H4 visa a one month after she gets rejected a B1-B2 tourist visa? (if this happens)

-If she applied for 90 days but at the border gets a stamp for 6 months, does it mean that she can stay for 6 month in US without leaving it?

Many thanks in advance! This is quite urgent since she is filing the DS-160 form these days in order to reserve the appointment to the US embassy, so would be very grateful to get any answers in the following 24hours.

Best regards,
Sasha

Is your a cap exempt H1? Anyhow thats besides the original question.

1. See the intent of a B1/B2 is a short personal/business visit to US with a clear intent to return back. They determine these by looking at the DS-160 and few questions during the interview. Now if you Fiancee says to visit you, its highly likely that she would be rejected , as VO officers assume that she can then marry in US and move from B2 to H4. Of course, if your fiancee shows strong family as well as economic ties (very good job) things may be viewed differently. But even then there is no 100% guarantee. I would not say 9:1 or 1:1, it would depend upon what reasons she has to return back to Ukraine. If her previous B2 was rejected he chances of getting a new would be low.
--Why was her previous B2 rejected?
2. There should not be a problem getting H4 as long as your H1 employer is genuine.
3. The I-94 she gets at the border a.k.a. Port Of Entry would decide how long she can stay in US. I-94s are online nowadays so unless one asks the officer how long the stay has been granted I dont think one gets to know till one sees it online.

Also, do determine if she had a previous rejection at the consulate as that would have to be declared.
This is my opinion not legal advice.

[SashaTs]

Is your a cap exempt H1? Anyhow thats besides the original question.

1. See the intent of a B1/B2 is a short personal/business visit to US with a clear intent to return back. They determine these by looking at the DS-160 and few questions during the interview. Now if you Fiancee says to visit you, its highly likely that she would be rejected , as VO officers assume that she can then marry in US and move from B2 to H4. Of course, if your fiancee shows strong family as well as economic ties (very good job) things may be viewed differently. But even then there is no 100% guarantee. I would not say 9:1 or 1:1, it would depend upon what reasons she has to return back to Ukraine. If her previous B2 was rejected he chances of getting a new would be low.
--Why was her previous B2 rejected?
2. There should not be a problem getting H4 as long as your H1 employer is genuine.
3. The I-94 she gets at the border a.k.a. Port Of Entry would decide how long she can stay in US. I-94s are online nowadays so unless one asks the officer how long the stay has been granted I dont think one gets to know till one sees it online.

Also, do determine if she had a previous rejection at the consulate as that would have to be declared.
This is my opinion not legal advice.

Dear Raghvi,

Thanks for your prompt reply!
Her previous B2 was rejected around 7 years ago, b/c she was applying the third time for the summer program, called "Work and Travel", but it turned out that unlike the previous 2 years, when she was granted B2, the person in the last year of college couldn't apply, so they didn't even ask anything, just immediately rejected at the embassy. but I believe that this still counts as rejected, right?

As for the family and economic ties, the only thing she can show is that she and here brother own an apartment in Ukraine and she has a monthly salary of 500$. This is definitely very low for US standards and in the invitation letter I am writing that I will cover all her expenses. But, the problematic issue is that it's kind of clear that if she comes to US for 90 days than she will have to leave her current job forever and then it doesn't matter what was her previous employment history, right?

And she doesn't have any relatives or friends in US. So the only reason for her to come is to stay with me and explore US culture.

So do you think that the risks of getting rejected are quite high in that case?
The officer might also think that she is trying to escape Ukraine while there is a bad events going on with russia and we leave in the eastern part of it, quite close to the epicentre.

Many thanks for your reply and any further comments!

[SashaTs]

Is your a cap exempt H1? Anyhow thats besides the original question.

1. See the intent of a B1/B2 is a short personal/business visit to US with a clear intent to return back. They determine these by looking at the DS-160 and few questions during the interview. Now if you Fiancee says to visit you, its highly likely that she would be rejected , as VO officers assume that she can then marry in US and move from B2 to H4. Of course, if your fiancee shows strong family as well as economic ties (very good job) things may be viewed differently. But even then there is no 100% guarantee. I would not say 9:1 or 1:1, it would depend upon what reasons she has to return back to Ukraine. If her previous B2 was rejected he chances of getting a new would be low.
--Why was her previous B2 rejected?
2. There should not be a problem getting H4 as long as your H1 employer is genuine.
3. The I-94 she gets at the border a.k.a. Port Of Entry would decide how long she can stay in US. I-94s are online nowadays so unless one asks the officer how long the stay has been granted I dont think one gets to know till one sees it online.

Also, do determine if she had a previous rejection at the consulate as that would have to be declared.
This is my opinion not legal advice.

Dear Raghvi,

I have thought about the particular reasons for her to return back, and I understand that there are no clear reasons, except that she has her parents and brother in Ukraine, an apartment with her brother for the 2 of them and she used to work (though as I wrote in previous reply, it's kind of clear that no employer will allow to travel for 90 days).

She might also say that we have scheduled a wedding for December, or do you think this better shouldn't be mentioned?

Many thanks!

[raghvi]

Dear Raghvi,

I have thought about the particular reasons for her to return back, and I understand that there are no clear reasons, except that she has her parents and brother in Ukraine, an apartment with her brother for the 2 of them and she used to work (though as I wrote in previous reply, it's kind of clear that no employer will allow to travel for 90 days).

She might also say that we have scheduled a wedding for December, or do you think this better shouldn't be mentioned?

Many thanks!

Based on the inputs you have given she does not seem to have strong reasons to return to Ukraine and would have limited chances on securing a visitor visa to US. It would be prudent to go through the H4 visa route.

This is my opinion not legal advice.

[SashaTs]

Based on the inputs you have given she does not seem to have strong reasons to return to Ukraine and would have limited chances on securing a visitor visa to US. It would be prudent to go through the H4 visa route.

This is my opinion not legal advice.

Dear Raghvi,

Many thanks for your personal advice! This is very helpful indeed! I will also try to wait for 1 or 2 more advices.

The only reason in getting B1-B2 is that I thought it might be better for us to see how we set up there. If she could get a job, there would be debates about H4, but I am just afraid that she might get very bored and angry of staying all time on her own in Long Island. And we have been already dating for 3 years already, so it was always painful to leave to US for a semester of studies, so she might be very angry at me if she doesn't get B2 or get a much shorter restriction, since it was me who persuaded her that this quite a guaranteed option and the chances that everything goes smooth are almost 100%.

I am sorry for telling you all those uninteresting details, but I just wanted to find out what other people might think except for 2 of us (some fresh ideas), since I do not have any knowledge regarding these issues.
Many thanks!