H4 Application Procedure?

Question

I am a Canadian holding H1-B visa. I am planning to get registered in June 2007 here in United States with my fiance, who holds a Taiwan passport. Please let me know what is the H4 application procedure. Do we need to go out and re-entry or can we change her status from B2, visitor's visa, to H4 visa here in United States?

Thanks in advance,
Ken

Answer 1

You can apply for a Change of Status (COS) for her, though it may be hard. COSs can be denied for many reasons, but the most common being that they feel the original intent of the first visa was not upheld. When she came into the country on her B visa, did she know that she was planning to get married and change status? If so, they may deny it. However, it doesn't cost that much to apply for a COS and she can stay in the country legally until they deny it or approve it (but if she leave the country, the application is considered "abandoned"). If it is denied, then she can just leave the country, go to a visa interview for an H-4 and come right back.

Answer 2

You wont have the skill to alter status interior the states because of the fact as a chinese language citizen she is had to have a visa. If she is composed of the U.S. as a customer for excitement (B-2) and marries you and then applies to alter status, she might have dedicated fraud and misrepresentation on the inspection technique and could be deportable. Sorry, no shortcuts in this one. If she have been Canadian she ought to easily ensue with you on the border with evidence of criminal mariage and be documented as your based yet no longer if she isn't Canadian. whether she have been Canadian, if she enters as a customer to marry you she could be in violation of the regulation. you are able to flow to the dep. of State web site to get greater counsel approximately visas. flow to the link below and click on the Embassy/Consulate you will possibly choose to make inquiries from. i do no longer understand no remember if to aid you understand to touch one in Canada or Taiwan. (actually, the only in Taiwan i've got faith is going by making use of the call American Institute, Taiwan.) as quickly as you %. your embassy, then you click on the suitable radio button whilst that embassy's web site plenty. For Hong Kong and Macau, click on "Visa to the US". For Vancouver click on "Visa centers". Can your Member of Parliament be of any information?