h1b holder - to call his Fiancée

12-22-2003, 01:44 PM

I am a Pakistani citizen working in USA on H1B visa. I have a valid work
permit but my visa on my passport has been expired. I applied for visa
stamping but was denied and being told to stamp my visa from my country.
I am bit affraid of going back and not getting stamp again.

The problem is that I have a Fiancée back my home and I want to marry
her. I know that I can bring her on H4 after marrying her but for that I
have to go back to my country.

As I already shown my concern of going back. I want to know if there is
any other way that I can call her here and marry her.

Can I marry her on phone and let her to come on H4. I have heard that
telephonic marriages are not accepted anymore.

If that is not possible can she come here on visit. Then I change her
status to H4 after marrying her. I dont know I am bit confused and need
your desperate help.

If there is any way that I can ......

Please help

__________________
Posted via http://britishexpats.com

12-23-2003, 04:58 AM

I am a Pakistani citizen working in USA on H1B visa. I have a valid work
permit but my visa on my passport has been expired. I applied for visa
stamping but was denied and being told to stamp my visa from my country.
I am bit afraid of going back and not getting stamp again.

The problem is that I have a Fiancée back my home and I want to marry
her. I know that I can bring her on H4 after marrying her but for that I
have to go back to my country.

As I already shown my concern of going back. I want to know if there is
any other way that I can call her here and marry her.

---- if she is qualified find employer and file for her H1 , then she
can come to US on H1

Can I marry her on phone and let her to come on H4. I have heard that
telephonic marriages are not accepted anymore.

----------No you can’t do that

if that is not possible can she come here on visit.

---------- If she gets visitor visa

Then I change her status to H4 after marrying her.

---- I am not sure but if she enter on Visitor visa and immediately you
marry her then it may be fraud as she showed her intent as visitor when
she applied for visitor visa

I dont know I am bit confused and need your desperate help.

If there is any way that I can ......

------------- meet good knowledgeable lawyer

__________________
Posted via http://britishexpats.com

12-23-2003, 08:06 AM

"Manish" <member269@british_expats.com> wrote in message
news:...
    > I am a Pakistani citizen working in USA on H1B visa. I have a valid work
    > permit but my visa on my passport has been expired. I applied for visa
    > stamping but was denied and being told to stamp my visa from my country.
    > I am bit afraid of going back and not getting stamp again.
    > The problem is that I have a Fiancée back my home and I want to marry
    > her. I know that I can bring her on H4 after marrying her but for that I
    > have to go back to my country.
    > As I already shown my concern of going back. I want to know if there is
    > any other way that I can call her here and marry her.
    > ---- if she is qualified find employer and file for her H1 , then she
    > can come to US on H1
    > Can I marry her on phone and let her to come on H4. I have heard that
    > telephonic marriages are not accepted anymore.
    > ----------No you can't do that
    > if that is not possible can she come here on visit.
    > ---------- If she gets visitor visa
    > Then I change her status to H4 after marrying her.
    > ---- I am not sure but if she enter on Visitor visa and immediately you
    > marry her then it may be fraud as she showed her intent as visitor when
    > she applied for visitor visa

Applying for a B-2 visitor's visa in order to marry an H-1B visa holder and
subsequently changing status to H-4 is allowed under current immigration
law.
See http://foia.state.gov/masterdocs/09fam/0941031N.pdf
9 FAM 41.31 N11.1-2 Fiancé(e) of Nonimmigrant Alien in United States

    > I dont know I am bit confused and need your desperate help.
    > If there is any way that I can ......
    > ------------- meet good knowledgeable lawyer
    > --
    > Posted via http://britishexpats.com

12-23-2003, 02:59 PM

Originally posted by Manish

    > I am a Pakistani citizen working in USA on H1B visa. I have a valid
    > work permit but my visa on my passport has been expired. I applied for
    > visa stamping but was denied and being told to stamp my visa from my
    > country. I am bit afraid of going back and not getting stamp again.

    > The problem is that I have a Fiancée back my home and I want to marry
    > her. I know that I can bring her on H4 after marrying her but for that
    > I have to go back to my country.

    > As I already shown my concern of going back. I want to know if there
    > is any other way that I can call her here and marry her.

    > ---- if she is qualified find employer and file for her H1 , then she
    > can come to US on H1

    > Can I marry her on phone and let her to come on H4. I have heard that
    > telephonic marriages are not accepted anymore.

    > ----------No you can’t do that

    > if that is not possible can she come here on visit.

    > ---------- If she gets visitor visa

    > Then I change her status to H4 after marrying her.

    > ---- I am not sure but if she enter on Visitor visa and immediately
    > you marry her then it may be fraud as she showed her intent as visitor
    > when she applied for visitor visa

    > I dont know I am bit confused and need your desperate help.

    > If there is any way that I can ......

    > ------------- meet good knowledgeable lawyer

Thanks for your help.

She has a Masters degree (Food and Nutrition) and currently working as a
Dietician in an hospital. Can h1b visa apply for such category.

please help

__________________
Posted via http://britishexpats.com

12-23-2003, 03:00 PM

Originally posted by Jozef

    > "Manish" <member269@british_expats.com> wrote in message

    > news:"]news:1132154.1072159-
    > [/url]...

    > > I am a Pakistani citizen working in USA on H1B visa. I have a
    > valid work

    > > permit but my visa on my passport has been expired. I applied
    > for visa

    > > stamping but was denied and being told to stamp my visa from my
    > country.

    > > I am bit afraid of going back and not getting stamp again.

    > > The problem is that I have a Fiancée back my home and I want to
    > marry

    > > her. I know that I can bring her on H4 after marrying her but
    > for that I

    > > have to go back to my country.

    > > As I already shown my concern of going back. I want to know if
    > there is

    > > any other way that I can call her here and marry her.

    > > ---- if she is qualified find employer and file for her H1 ,
    > then she

    > > can come to US on H1

    > > Can I marry her on phone and let her to come on H4. I have heard
    > that

    > > telephonic marriages are not accepted anymore.

    > > ----------No you can't do that

    > > if that is not possible can she come here on visit.

    > > ---------- If she gets visitor visa

    > > Then I change her status to H4 after marrying her.

    > > ---- I am not sure but if she enter on Visitor visa and
    > immediately you

    > > marry her then it may be fraud as she showed her intent as
    > visitor when

    > > she applied for visitor visa

    > Applying for a B-2 visitor's visa in order to marry an H-1B visa
    > holder and

    > subsequently changing status to H-4 is allowed under current
    > immigration

    > law.

    > See http://foia.state.gov/masterdocs/09fam/0941031N.pdf"]http:/-
    > /foia.state.gov/masterdocs/09fam/0941031N.pdf[/url]

    > 9 FAM 41.31 N11.1-2 Fiancé(e) of Nonimmigrant Alien in United States

    > > I dont know I am bit confused and need your desperate
    > help.

    > > If there is any way that I can ......

    > > ------------- meet good knowledgeable lawyer

    > > --

    > > Posted via http://britishexpats.com/"]http://britishexpat-
    > s.com[/url]

Thanks

If she come here on B1/B2 visa and get marry. Would that not be fraud?
Will I be able to change her status to H4

__________________
Posted via http://britishexpats.com

12-23-2003, 05:37 PM

"deol_sunny" <member7717@british_expats.com> wrote in message
news:...
    > > Applying for a B-2 visitor's visa in order to marry an H-1B visa
    > > holder and
    > > subsequently changing status to H-4 is allowed under current
    > > immigration law.
    > > See http://foia.state.gov/masterdocs/09fam/0941031N.pdf"]http:/-
    > > /foia.state.gov/masterdocs/09fam/0941031N.pdf[/url]
    > > 9 FAM 41.31 N11.1-2 Fiancé(e) of Nonimmigrant Alien in United States
    > Thanks
    > If she come here on B1/B2 visa and get marry. Would that not be fraud?

Not if she mentioned her marriage plans at the time she applied for the
visa.

    > Will I be able to change her status to H4

Yes.

Read the relevant section 9 FAM 41.31 N11.1-2 in
http://foia.state.gov/masterdocs/09fam/0941031N.pdf carefully.

12-23-2003, 06:55 PM

Originally posted by Jozef

    > "deol_sunny" <member7717@british_expats.com> wrote in message

    > news:"]news:1132674.1072195-
    > [/url]...

    > > > Applying for a B-2 visitor's visa in order to marry an H-1B
    > visa

    > > > holder and

    > > > subsequently changing status to H-4 is allowed under
    > current

    > > > immigration law.

    > > > See/foia.state.gov/masterdocs/09fam/0941031N.pdf[/url]"]http:/-
    > http:/-

    > > > /foia.state.gov/masterdocs/09fam/0941031N.pdf[/url]

    > > > 9 FAM 41.31 N11.1-2 Fiancé(e) of Nonimmigrant Alien in United
    > States

    > > Thanks

    > > If she come here on B1/B2 visa and get marry. Would that not be
    > fraud?

    > Not if she mentioned her marriage plans at the time she applied for
    > the

    > visa.

    > > Will I be able to change her status to H4

    > Yes.

    > Read the relevant section 9 FAM 41.31 N11.1-2 in

    > http://foia.state.gov/masterdocs/09fam/0941031N.pdf"]http://foi-
    > a.state.gov/masterdocs/09fam/0941031N.pdf[/url] carefully.

Do you think there is chance of getting visa after telling that.?

__________________
Posted via http://britishexpats.com

12-24-2003, 03:28 AM

Originally posted by deol_sunny

> Do you think there is chance of getting visa after telling that.?
>

Do you think there is chance of getting visa after telling that.?

---- Nobody can give you a guarantee that she will get visitor visa
telling the truth or not, visa issuance depends on visa officer. She
will only come to know when she applies the visa

__________________
Posted via http://britishexpats.com

12-24-2003, 06:00 AM

"deol_sunny" <member7717@british_expats.com> wrote in message
news:...
    > Originally posted by Jozef
    > > Read the relevant section 9 FAM 41.31 N11.1-2 in
    > > http://foia.state.gov/masterdocs/09fam/0941031N.pdf"]http://foi-
    > > a.state.gov/masterdocs/09fam/0941031N.pdf[/url] carefully.
    > Do you think there is chance of getting visa after telling that.?

As Manish stated, there are NO guarantees.
Make sure your fiancée is able to refer to the section in the Foreign
Affairs Manual that applies to her case when she applies for the visa.