Can my fiance get a B2 visa until she is eligible for an H4 visa? 4 Answers as of February 21, 2011

I have recently received H1B approval and I am due to marry my fiance in 9 months. Is it possible for her to apply for B2 status ahead of getting married and H4 status? Also, her preference would be to find an H1B sponsor so she can work. Can she change status from B2 or H4 if she finds a sponsor? Thanks

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
She is unlikely to get a B-2 if she indicates she has a fianc in the U.S. and she absolutely should not lie about this on her visa application form. She cannot get an H-4 until you are married. She can obtain her own H-1B visa whenever an H petition is approved but she needs an employer sponsor as you have. There are no new Hs except with exempt employers until October. To get a B she would need to be totally open after her fianc here and she can say she is coming to interview for positions; if she finds one she will apply for an H but in any case she is returning to her home country for her marriage on xx/xx/xxxx. This might work but burden is on her to convince the officer she will not work in the U.S. and she will return when her B is over. These are typically granted for 6 months or less. If you would like a consultation on the facts of your specific case feel free to contact me as indicated below.

I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
Your fianc can apply for a B2 visa if entering the US for pleasure. Since it sounds like your fianc wants to work here it may be better for her to enter on an H1-B sponsored by an employer. Alternatively, you could sponsor a K visa for your fianc. Your fianc can apply for adjustment of status to LPR from an H4 or H1-B visa.
Answer Applies to: Florida
Replied: 2/2/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If she applies for a B2 with the intention of applying for an H4 after arriving in the U.S. she could be denied. Even if she receives a B2 and then files for change of status to H4 after marrying you, she could be denied the H4 due to preconceived intent to change her status. The safest option is for her to apply for an H4 after you are married and you have your H1B.
Answer Applies to: California
Replied: 2/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You have to figure out what you actually want! If you petition her as fiance, I doubt they will approve her visa application because her intention to immigration is obvious. If you can find H1B sponsor and you are legally in US, you can adjust your status. Again, you need to determine what you want to do. Good luck!
Answer Applies to: Florida
Replied: 2/1/2011
Click to View More Answers: