Green card, B2 or H4 (uscis, applying, migrate, visitor)

[qzz]

Hi:

My six year H1-B visa expires by the end of May and I am applying for the green card in early May, which is fine for my status. But my husband applied for the B2 visa in January and it is valid until December. We did not know that he would need a H4 if he wants to apply for the green card with me this time, and now it is almost too late to get the H4 visa because he is coming to US again in a week.

My questions are:

1) Is Is it absolutely no if he applies for the green card using B2 visa? I know it is bad because B2 is a non-immigration visa, but he really had no intention of staying in U.S when he applied for it back in January.

2) If he applies for H4 now, will he get it? He aleardy have a B2 visa that is valid for another 6 months while the H4 visa would expire in 3 weeks.

3) If his H4 gets rejected, will he lose the B2 visa as well?

Thanks for anyone who replies.

[STT Resident]

Originally Posted by qzz

Hi:
My six year H1-B visa expires by the end of May and I am applying for the green card in early May, which is fine for my status. But my husband applied for the B2 visa in January and it is valid until December. We did not know that he would need a H4 if he wants to apply for the green card with me this time, and now it is almost too late to get the H4 visa because he is to US again coming in a week.

My questions are :

1) Is it absolutely no-no to apply for the green card using B2 visa? I know it is not good because B2 is a non-immigration visa, but he really had no intention of staying in U.S when he applied for it back in January, and there is almost no time to apply for H4 now.

2) If he applies for H4 now, will he get it? He aleardy have a B2 visa that is valid for another 6 months while the H4 visa would expire in 3 weeks.

3) If his H4 gets rejected, will he lose the B2 visa as well?

Thanks

If you can't find the answer on the USCIS website, this link to it will enable you to find the office closest to you. You could either call them or make an appointment to go and see one of the agents.

USCIS - Find a USCIS Office

[Lizita]

Originally Posted by qzz

Hi:

My six year H1-B visa expires by the end of May and I am applying for the green card in early May, which is fine for my status. But my husband applied for the B2 visa in January and it is valid until December. We did not know that he would need a H4 if he wants to apply for the green card with me this time, and now it is almost too late to get the H4 visa because he is coming to US again in a week.

My questions are:

1) Is Is it absolutely no if he applies for the green card using B2 visa? I know it is bad because B2 is a non-immigration visa, but he really had no intention of staying in U.S when he applied for it back in January.

2) If he applies for H4 now, will he get it? He aleardy have a B2 visa that is valid for another 6 months while the H4 visa would expire in 3 weeks.

3) If his H4 gets rejected, will he lose the B2 visa as well?

Thanks for anyone who replies.

1) First, what his intentions were when he applied for the visa doesn't really matter. What matters is his intentions when entering the country. A visa just allows you to travel to the US. At that time the immigration officer will decide whether or not to admit you. Having a visa is no guarantee. As long as the visitor has a return ticket and can otherwise show that at that time his intention is to visit and not immigrate there shouldn't be an issue, though. If, at a later time during his visit he changes his mind and wants to immigrate instead of going back home he can legally adjust status on a B2 visa.
So, is it possible to enter on a B2 visa knowing full well that you intend to immigrate but don't inform the immigration officer at the airport? Yes, it's done pretty often. Is it legal? No, it's technically immigration fraud. Your husband would have to choose if that's a risk he's willing to take.

Although it is possible to adjust status from a B2 visa it would not be possible for everyone and it may not be possible for your husband because of your status. I'm not very familiar with H visas and how it works adjusting status from one so I'm not sure if or how it would work for your husband to go from a B2 to a green card. This is definitely something I would check out before you take any action. Immigration law is pretty complicated and making a wrong decision could have dire consequences at a later time. I would highly recommend that you consult with a good lawyer, or two, asap to find out what your best option is. It will cost you a few hundred but it could save you a lot of heartache in the future. A lawyer could also answer your second and third question. All I can give you is an educated guess.
You should be able to get most of your questions answered by carefully reading on the USCIS website as well as this site: Visas (the latter is more user friendly but not as detailed).