Can I enter on B2 visa and get married to a H1 spouse and change my visa to H4?

[jaysienna]

Hi,

I have a valid B2 visa and she is getting married to an individual who is on H1B visa in 2 weeks. Due to recent law enacted by US Govt that new H-4 visas are not stamped until end of the year at Indian embassies. I have 2 options

1) Can I get married in India and come to USA with my valid B2 and apply for a change of status to H4? Is that legal?

2) I can come to USA as a B2 and get married here in USA and have the marriage registered in USA and apply for an adjustment of status for H4?

What are the other options we have? The marriage was supposed to be conducted in May and due to COVID19, things got worse and then POTUS messed it up later. My mother is a single Mom and she has health issues and this one adds more stress to her life. Can you please help? Thank you,

Yeshi

[rkk09]

Hi,
Yes. If you have B2 visa and you can consider travelling to the USA to get married. But, It depends at the time of port of entry verification. If CBP officer is satisfied with your Answer they will allow you.
Thanks