B1/B2 visa marrying H1B in US to get H4

[tam201]

My girl-friend is working with a H1B visa and now she's pregnant.I still leave abroad, she needs me to be with her as soon as possible.

1-Is it advisable to come to the US with a B1/B2 visa and marry her in the US, get marriage certificate and fly back and get H4 stamp visa in order to come to the US and live with her.

2-I'm afraid that my H4 visa could be refused as I heard that the purpose of the B1/B2 visa is just for visitors and business.

3-Does the pregnancy medical documents can improve my visa case

Any suggestion or experience would be appreciated


tam201

[txh1b]

1. COS is not possible. Read about 30/60/90 day rule. But you could get married on a visit and return back home for the H4.

2. True. Having the intent to marry a US citizen is problematic when you enter. You are marrying an immigrant.

3. Possible but it does not matter to the VO.

[tam201]

Thanks for your reply to this case.
1-If my understanding is OK, changing B1/B2 to H4 is not possible in the US,it's better to do that abroad.

2- How long the procedure may take at a US embassy?
3-Is it necessary to apply through a lawyer or do that by myself?

Thanks for your help

[C4us]

If you do not already have a B1/B2 visa, it is unlikely that you will receive it since you have a fiancee working in the US.

Your fiancee needs to determine if she will have an income during her maternity leave; since you will be unable to work, you may quickly have financial issues which would make it better for her to go to your country so that you can continue to work while she is on leave. You can then re-enter with her on H4 status. There would be no problems doing that.

[tam201]

Thanks again for your swift reaction. Actually my B1/B2 visa will expire three to four months before the delivery of the baby.

[txh1b]

1-If my understanding is OK, changing B1/B2 to H4 is not possible in the US,it's better to do that abroad.

Nope, that is not true. It is possible to be done in US but suggested that you get done abroad. A COS from B1/B2 to H4 is possible provided that is not done within 90 days of entry on B1/B2. Did you google and read for 30/60/90 day rule like I had asked you to?