anyone can help with this?

[speednab]

Hi,
I am in the USA on H1B status for another 4 years. My visa is expired and not stamped. My fiance is planning to come here as Visitor (B2) and then get married. She may be able to change her status from B2 to H4.
1. In case she cannot and I already filed my application for CSQ, how can I add her legally to the process?
2. Is it fine with her visitor status?
3. What if she overstays waiting for the PR?
Thanks
Speednab

 

[AlbertaGovernor]

Hi,
I am in the USA on H1B status for another 4 years. My visa is expired and not stamped. My fiance is planning to come here as Visitor (B2) and then get married. She may be able to change her status from B2 to H4.
1. In case she cannot and I already filed my application for CSQ, how can I add her legally to the process?
2. Is it fine with her visitor status?
3. What if she overstays waiting for the PR?
Thanks
Speednab

First of all you should change her status from B2 to H4 to avoid futher complications.

1. There is no reason she cannot unless she had previously overstayed in the US or has some type or record in the US that will prevent her from getting her a valid status. In the worst case, you can add her legally to the CSQ/CIC process provided you are legally married and have your marriage certificate.

2. It is fine for you to add her to the application while on B2 status.

3. If she overstays you are ruining her chances to come back to the US. Like I have said before it is not difficult for her to convert from B2 to H4.

I have personally known a guy who married a girl with pervious overstay records and she was denied H4 visa to the US for the 5th time. For this reason I would recommend the B2 to H4 and also go through a reputed lawyer.

 

[speednab]

Your answer is really appreciated.