Bringing wife on B2 visa and will file H4 in few months. is this ok?

[Raj Malhotra]

Hi Guys,

I am getting married in December and will have very less time to get all the formalities done and get a H4 visa for my wife (marriage registration, Honeymoon). She already has a B2 visa and we are planning to come together once we are married and file for H4 once she is going back to India in 3 months post marriage.

How workable is this solution? would this create any issues for her when she appears for H4 in March 2016?

your insights are welcome and a quick reply would be really appreciated.

thanks

[shervin143]

B2 is for tourism. As long as you can prove to the officer at the POE that the intent was to visit places in U.S, you are good to enter in B2. She can get H4 later.

[Raj Malhotra]

B2 is for tourism. As long as you can prove to the officer at the POE that the intent was to visit places in U.S, you are good to enter in B2. She can get H4 later.

Thanks for your reply. When you say POE, are you referring to the POE officer she will meet at H4 stamping or US entry officer? I am more concerned about her H4 stamping as she already has B1 and plan to stay with me for 3 months in US before coming back and applying for H4. What should she be replying to POE during H4 stamping? any thoughts would be highly appreciated.

[shervin143]

POE means port of entry into U.S and not the visa interview. Entering U.S on B1/B2 will have no impact when she applies for her H4 stamping at the Consulate. If asked, she can mention that the purpose of her trip was honeymoon which perfectly fits the B2 category.

Thanks for your reply. When you say POE, are you referring to the POE officer she will meet at H4 stamping or US entry officer? I am more concerned about her H4 stamping as she already has B1 and plan to stay with me for 3 months in US before coming back and applying for H4. What should she be replying to POE during H4 stamping? any thoughts would be highly appreciated.

[Raj Malhotra]

POE means port of entry into U.S and not the visa interview. Entering U.S on B1/B2 will have no impact when she applies for her H4 stamping at the Consulate. If asked, she can mention that the purpose of her trip was honeymoon which perfectly fits the B2 category.

Thanks Shervin..would the Consultant buy the 3 month honeymoon period? sorry for all the trouble

[shervin143]

I-94 for someone travelling in B2 is issued for 6 months. So I do not think it is a problem. Prepare an invitation letter for her with all the places that you will visit during that 3 month period and that will help to show at the POE.

Thanks Shervin..would the Consultant buy the 3 month honeymoon period? sorry for all the trouble