Hello, I’m currently on h1b visa, and my gf on b visa , we met 3 and half years ago in ny and started dating . She has been going in And out with b visa. We plan to marry the beginning of next year In nyc and her b visa will expire toward the end of next year. I wonder if it would be hard for h4 visa interview , and what can we do about it
Yes, it will not be "easy" for her to get approved for an H-4 at her home country US consulate. Work directly with an attorney. Begin by talking to one in private on Skype.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
First of all, let's not talk about the visa stamp in her passport.
Rather, the important document is her I_94 ... which can be downloaded from www.cbp.gov/i94
Yes, if she marries you AND files for a change-of-status from B-2 to H-4 before the I-94 expires and MORE THAN 90 DAYS after she arrived in the US ... she can go this without leaving the US
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does...
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