Buddha

Hi,

My wife tried to visit me with a B2 visa. But she was not admitted at
the border. The officer required her to apply a J2 visa because I am
holding a J1 visa. I want to ask whether the officer's behavior is
right. Since I found the following information from
http://usembassy.state.gov. It explicitly states that B2 can be allowed
to visit his/her spouse in USA, and is allowed (actually expected) to
change to J2 within USA after entering the USA.

Please clarify whether my understanding is correct. My wife is going to
try again in a few days and is going to show the officer the following
information if she is required to have a J2 visa.


Best regards

Fuchun

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In some circumstances, and at our discretion, we can issue a visitor
(B-2) visa to allow you to join his/her spouse in the U.S. Since your
spouse has a different type of visa (F-1 or J-1), you would ordinarily
be required to receive a similar visa based on your derivative status
(as in the example above, F-2 or J-2).


This issuance of a B-2 visa in the expectation that you will change
status in the U.S. is based on 9 FAM 41.31, N11.2, which states:

"A spouse married by proxy to an alien in the United States in a
nonimmigrant status may be issued a visitor visa in order to join the
spouse already in the United States. Upon arrival in the United States
the joining spouse must apply to the INS for permission to adjust to the
appropriate derivative status after consummation of the marriage."


After entering the U.S, it is important that you apply to the
Immigration and Naturalization Service (INS) for a change of status to
reflect your proper derivative status. This change of status may be
from, for example, B-2 to F-2. You should contact the INS office nearest
your spouse's school for additional details; the school's International
Students Office may also be able to assist you. Because processing times
for this change of status can vary, you should apply for this change as
soon as possible after arriving in the U.S.
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