B1-B2 visa for girlfriend for 90 days?

[SashaTs]

Hi all!

I have the following issue and the more I look at it, the more questions I have, so decided to ask at this forum. Will be grateful for any useful answers!

I have been an F-1 visa holder for the last 5 years and just graduated from MIT, so I am applying for the H-1B visa right now (my job starts in late August).
In the meanwhile, I had the following question. I have my girlfriend back in Ukraine, where I am right now. Ideally I would like us to marry and move to US together. However, b/c we have never lived together before, I wanted her to come to US as a visitor first to see how things go (one of the main problems is that she will not have an allowance to work and the Long island where we will be leaving might be a very boring place for her).

So my plan for her was that she would apply for B1-B2 tourist visa for 90 days (and maybe she is lucky to get a stamp for 6 months) and then when we come bake to Ukraine on Christmas we marry there and she reapplies for H4 visa.
However, she is very worried (and I am getting worried as well) that she might not get the B1-B2 visa (she has been in US on Work and Travel program twice 10 year ago, but the third time she was denied of the visa) or the officer at the port of entry can stamp not for 90 days, but rather for 3 weeks or whatever.

Just in case she gets rejected of B1-B2 visa, we have reserved the marriage ceremony in advance so that we marry 1 week before I leave and then she reapplied for H4.

I would be very grateful if people on that forum could advice me on any of the following questions:

-Is it quite risky for her to apply for B1-B2 visa with the only intention just to visit me for quite a long period: 90 days?
If the chances are 9:1 to get the visa, then it's not that risky, but if it is 1:1, then we better marry right now and apply for H4 visa immediately.

-Might there be any problems in getting an H4 visa a one month after she gets rejected a B1-B2 tourist visa? (if this happens)

-If she applied for 90 days but at the border gets a stamp for 6 months, does it mean that she can stay for 6 month in US without leaving it?

Many thanks in advance! This is quite urgent since she is filing the DS-160 form these days in order to reserve the appointment to the US embassy, so would be very grateful to get any answers in the following 24hours.

Best regards,
Sasha

[peace999]

A purpose to visit boyfriend for a B1/B2 visa is usually not a good purpose.


A denial of B1/B2 will not affect the H-4 but why go for a B1/B2 with a great risk of denial.
Also, even if a B1/B2 is granted, she will have to change status to H-4. And if she wants to travel to ukraine after
change to H-4, she will have to get a H-4 stamp in ukraine. So it is better to get married, start with an H-4 and avoid a B1/B2.

[SashaTs]

A purpose to visit boyfriend for a B1/B2 visa is usually not a good purpose.


A denial of B1/B2 will not affect the H-4 but why go for a B1/B2 with a great risk of denial.
Also, even if a B1/B2 is granted, she will have to change status to H-4. And if she wants to travel to ukraine after
change to H-4, she will have to get a H-4 stamp in ukraine. So it is better to get married, start with an H-4 and avoid a B1/B2.

Dear Peace999,

Many thanks for your reply! I don't know why I thought that getting B1-B2 visa is more convenient. Probably i just wanted to see how we will cope in a new place, since I will be working most of the time and she will not have any job permission ....and living in Long island, I was afraid that she might get very bored, depressed and angry at following me to this place. So I was thinking about first trying things out and then marrying, though the probability of marrying in December is still 99%.

The problem is that for those 3 years, I have been coming to Ukraine only on summer and winter holidays, so we never had an experience of living in a routine place together. So assuming that she gets B1-B2 visa for sure, I thought that such a choice is better than marrying immediately. But now I get worried about the risks, since apparently they are much higher that I thought first.

The point is that I have to leave soon after I get the visa myself and in any case, she should apply after I have a H-1B visa in my passport I believe. We reserved a wedding ceremony for the last week of my stay there, so that if she gets rejected in B1-B2 visa, then we merry before I leave and she still have chances to reapply for H-4.

[keaston]

B1-B2 visa for girlfriend for 90 days?

Get married and let her apply for the H4 from Ukraine. It is easier, faster and surer.

[SashaTs]

Get married and let her apply for the H4 from Ukraine. It is easier, faster and surer.

Dear Keaston,

Many thanks for your prompt advice! This is very helpful, since I understand nowadays that probably i didn't count all the risks in getting B1-B2 first.

[peace999]

OK. I read through your reply .
On second thought, if you wish to try her living in the US before marriage, no harm in trying for a visitor visa once.

For that she will have to show strong ties to Ukraine, mainly work and income.
And a purpose to visit US .

Please post what she does in Ukraine and does she earn well?
Does she have any relatives in US?
Who does she live with in ukraine (parents?) do they earn well?
has she been traveling to other countries in recent times?

[SashaTs]

OK. I read through your reply .
On second thought, if you wish to try her living in the US before marriage, no harm in trying for a visitor visa once.

For that she will have to show strong ties to Ukraine, mainly work and income.
And a purpose to visit US .

Please post what she does in Ukraine and does she earn well?
Does she have any relatives in US?
Who does she live with in ukraine (parents?) do they earn well?
has she been traveling to other countries in recent times?

Dear Peace999,

Many thanks for such a detailed inquiry.
She lives in Ukraine with her brother, while their parents live in the other Ukrainian city.
She earns 500$, which is Ok for Ukraine, but low for US. Anyway, I expect that it's kind of clear that if she comes to visit me for 90 days, than she will be forced to quit her job completely (as nobody will let her travel for so long).
We have been traveling together to Istanbul, Dubai, Moscow and Saint-Petersburg during those years. She has been in US at Work&Travel program twice during her college (6-7 years ago), but the third time she applied, she got rejected of the visa since it was her last year in college.
In the meanwhile, I will be on H-1B starting this September with annual 78,500$/year. I expect that might be enough for modest living for 2 of us (at least I know that while I was a grad.student at MIT, some couples managed to survive on one spouse's stipend, which is much lower). So in the invitation letter, I will be writing tht I cover all her expenses, including the plane ticket, housing, food, insurance etc.

Do you think it is still risky and it is much better to apply for H4 instead?

Many thanks for your attention!
Best regards,
Sasha

[peace999]

see, the only risk with B1/B2 denial is she will lose the visa application money( $160 or whatever it is).
it will not affect the H-4 .

[SashaTs]

see, the only risk with B1/B2 denial is she will lose the visa application money( $160 or whatever it is).
it will not affect the H-4 .

Oh, that's great news! Thanks for a relief!