I am on H1B. Can I get married to someone who is currently visiting the United States as a tourist in B-2 status, and have her then file to change status to H-4 from within the U.S. after the wedding?

Answer:

A person in H1B status can get married to someone who enters the United States on a B-2 tourist visa. However, there are some concerns here with respect to the intent of the B-2 visitor, and whether the information provided to the consulate on the tourist visa application was accurate. If this was a recent tourist visa application, and the person omitted the mention of a fiancé on the DS-160, (which is considered to be a family member, for DS-160 purposes,) this could raise questions related to fraud / misrepresentation. There are also potential misrepresentation and preconceived intent issues if a person comes in claiming to be a tourist, but clearly intending to get married and change status after entering the United States. Prior to filing a change-of-status application, you should consider scheduling a consultation with a Murthy Law Firm attorney to discuss the specific facts in this situation. (20.Jan.2014)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access more FAQs here.

Copyright © 2014, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.