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?


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)

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