MJ23

What do you the chances are for my fiance to apply for a visitor visa by giving the reason of coming to the US to marry me? I have an H1b1 status, and my work schedule does not allow me to travel to get married and have my fiance apply for an H4 visa. So I was hoping we can get married in the US and then change her status to H4.

Do you think this is a realistic Scenario?

Jozef

"MJ23" <member@british_expats.com> wrote in message
news:[email protected]...
    > What do you the chances are for my fiance to apply for a visitor visa by
    > giving the reason of coming to the US to marry me? I have an H1b1
    > status, and my work schedule does not allow me to travel to get married
    > and have my fiance apply for an H4 visa. So I was hoping we can get
    > married in the US and then change her status to H4.

The only way for your fiancée to enter the US is as a tourist (unless she
herself qualifies for some other visa like H-1B). Considering her
circumstances (fiancé in the US) she would have to lie about her true
intentions, a big no-no.

Entering the US as a tourist with the intent of getting married and staying
there could be considered fraud. IF you considering doing this, do not get
married right after she arrives but wait at least 3 months.
It would really be so much better for you to take a couple of days off, get
married in your home country and both return as H-visa holders. If you have
a valid visa stamp and time is of the essence, you could even decide to
return on your own and have her join you later after she obtained her H-4
visa stamp.

hay228

Kinda on similar topic

What if I currently have GC and in process for
citizenship. As soon as citizenship process completes
will apply for my fiancée.

Since that process is taking a while I am wondering
what are the chances for my (future) fiancée to visit me?

I understand it is not legal for her to come here on visitor
visa and get married, so is OK with me, if they would
require her to go back (outside USA) to get the K1 visa.

--
my timeline: http://okulist.com/casetime/info.aspx?CaseID=830

"Jozef" <jozef.*take this out*[email protected]> wrote in message
news:[email protected]...
    > "MJ23" <member@british_expats.com> wrote in message
    > news:[email protected]...
    > >
    > > What do you the chances are for my fiance to apply for a visitor visa by
    > > giving the reason of coming to the US to marry me? I have an H1b1
    > > status, and my work schedule does not allow me to travel to get married
    > > and have my fiance apply for an H4 visa. So I was hoping we can get
    > > married in the US and then change her status to H4.
    > The only way for your fiancée to enter the US is as a tourist (unless she
    > herself qualifies for some other visa like H-1B). Considering her
    > circumstances (fiancé in the US) she would have to lie about her true
    > intentions, a big no-no.
    > Entering the US as a tourist with the intent of getting married and
staying
    > there could be considered fraud. IF you considering doing this, do not get
    > married right after she arrives but wait at least 3 months.
    > It would really be so much better for you to take a couple of days off,
get
    > married in your home country and both return as H-visa holders. If you
have
    > a valid visa stamp and time is of the essence, you could even decide to
    > return on your own and have her join you later after she obtained her H-4
    > visa stamp.

Agresao

MJ23 <member@british_expats.com> wrote in message news:<[email protected]>...
    > What do you the chances are for my fiance to apply for a visitor visa by
    > giving the reason of coming to the US to marry me? I have an H1b1
    > status, and my work schedule does not allow me to travel to get married
    > and have my fiance apply for an H4 visa. So I was hoping we can get
    > married in the US and then change her status to H4.
    >
    >
    >
    > Do you think this is a realistic Scenario?

She should declare her intentions when she applies for the tourist
visa. "Going to the united states to marry my boyfriend who is there
in H-1 status, and change status to H-4" is a valid reason and I know
people who have done just that. Of course it doesn't guarantee that
she is granted a visa either. She might get a single-entry visa based
on her intention.

If she is from a visa waiver country, she needs a visa anyway. While
she might be able to come to the us using the visa waiver, she cannot
change status once she marries you.

Good luck

Jozef

"Jozef" <jozef.*take this out*[email protected]> wrote in message
news:[email protected]...
    > "MJ23" <member@british_expats.com> wrote in message
    > news:[email protected]...
    > >
    > > What do you the chances are for my fiance to apply for a visitor visa by
    > > giving the reason of coming to the US to marry me? I have an H1b1
    > > status, and my work schedule does not allow me to travel to get married
    > > and have my fiance apply for an H4 visa. So I was hoping we can get
    > > married in the US and then change her status to H4.
    > The only way for your fiancée to enter the US is as a tourist (unless she
    > herself qualifies for some other visa like H-1B). Considering her
    > circumstances (fiancé in the US) she would have to lie about her true
    > intentions, a big no-no.

Refer to Agresao's post. He's right: contrary to what I stated, entering the
US with on a tourist visa with the intent to marry an H-1B visa *is*
allowed. Even if she didn't declare her intent and marry anyway, it would
hardly be considered immigration fraud!

MJ23

Thank you very much for your input. This helps me a lot. I'm more with the opinion of telling the embassy upfront with her intent. The truth shall set you free! In most cases atleast.

Thanks again