B1/B2 wife travelling with H1 husband

USA L1, L2 Visa
1

Hello,

I attended my H1B Visa interview in India before I got married, got 221g which was resolved after 5 months. I married in between these 5 months. My wife already has a B1/B2 which is got for her brother’s convocation in 2009. But she didn’t travel.

I have got a job offer now (6 months after my visa was stamped) and am travelling to US within a couple of weeks. My employer is asking me to wait till i generate US paystubs and send my wife to H4 (which would be like 3 months time). He thinks it could be risky for her since there has been a long gap(almost 1 yr) since the time I attended my H1 interview.

Now, Can my wife travel with me on her B1/B2 for like 3 or 6 months, take the paystubs, come to India and then get her H4 stamped? Will she be allowed to travel with me on her B1/B2? Will her travelling with me cause any issue to me at the POE?

What kind of questions will she face at the POE? We intend to tell only the truth at the POE. I don’t want to lie and complicate things. I am planning to take her insurance for 6 months, book her tickets round way.

Please suggest a solution.

2

I think this is a very intelligent way to move forward and a correct decision by both of you. Questions if any have already been answered by your decision. I don’t anticipate further queries. Just make sure that your wife is showing ability to support herself partially during the brief stay and she is not entirely dependent on you including medical coverage. This shows further logic and rationale on your part. Just a minor point - at CBP at US port of entry, she will be asked if a 3-month or 6-month entry is preferred for I-94 purposes. This must be answered as ‘whatever the officer feels is the right decision’

Wish you both the very best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu