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:
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.
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