feahmed

Hello :

I am working in USA and have an H1-b visa. I am planning to go home next month and get
married. My would-be wife has already a B1/B2 visa stamped on her passport. I have only
couple weeks of vacation and I was wondering if it would be ok to temporary bring her with
me to USA on a
B1/B2 visa instead of going to the consulate and applying for the H4 visa. Would it be ok
if she goes to our home country after staying a few months in USA and then applies for
the H4 visa.

Thanks

Ingo

If she returns, yes, it would be legal. However, you should have evidence of her plan to
return and get an H-4 visa at a consulate, otherwise, she would probably be denied
admission.

You have another option: schedule an appointment at a consulate in Canada or Mexico soon
after you return. The appointment letter should be sufficient to show that she indeed
plans to leave again, if only to obtain the proper visa.

Ingo

>Hello :
>
>I am working in USA and have an H1-b visa. I am planning to go home next month and get
>married. My would-be wife has already a B1/B2 visa stamped on her passport. I have only
>couple weeks of vacation and I was wondering if it would be ok to temporary bring her
>with me to USA on a
>B1/B2 visa instead of going to the consulate and applying for the H4 visa. Would it be ok
> if she goes to our home country after staying a few months in USA and then applies for
> the H4 visa.
>
>Thanks

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).