Question:

Can an H1B holder petition his fiancee to join hm in the US.?

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My fiancee got an H1B visa through this investments company in the US as a CPA. He now wants to petition me to join him in the US as his fiancee next year. IS this possible. What are the US immigration laws on this? Can an H1B visa holder actually petition his fiancee to join him in the US? How long will the process take?

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4 ANSWERS


  1. Yes,

    H1B visa holders can call his/her dependents on H4 visa. You just need to apply for your H4 visa with proper documents.

    For you,

    I think your marriage is stillnot done. In that case, you can not get H4 visa. However, you can get the visitor visa or student visa.


  2. No a H1b visa is a non-immigrant visa and requires that the holder return home once the term has expired.

    You have to be a permanent resident or citizen to petition.

    You can't even change your visa to an immigrant visa without first leaving the country and applying from home.

  3. An H1b visa holder can't petition anyone. Only legal permanent residents and citizens can do that and only citizens can petition fiances in any case. However, if you got married, then she  would be able to come to the US as your wife on an H4 visa, which would effectively solve your problem.

  4. Only US Citizen can petition K1 Fiance Visa.

    For your case, once you guys are married you guys can apply for H4 visa, Spouse, Children of H1B holder.

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