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Immigration Issues/PoE for a B-1/B-2 Visa, visiting her Boyfriend

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Question
I am an Indian getting converted to H-1B Visa in October, Currently on F-1 OPT.

My Fiance/girlfriend (Indian) is planning on visiting me for a month for Navaratri, from September end 2012 on a B-1/B-2 Visa. She has already been to the US twice this year:
1. Once, for a conference (for 13 days), in mid May 2012
2. For 32 days, to meet her friends (but, gave my address in the I-94 form) from June end to July end, 2012.

She is currently doing her masters in Europe and writing her thesis. Since she is able to write her thesis remotely, she is going to visit me now, and then go to India for a few months. After that, she plans on continuing with PhD there.

Questions:
1. What do you think of her chances of securing entry in the PoE?
2. In between calling me, her Boyfriend and Fiance, which do you think makes more sense? Is there a difference in the way the two are interpreted?
3. Any other suggestions?

Thanks,
Mukdeep

Answer
Hi,

"Friend" is the best term. In addition, she may have other reasons for visiting the U.S. (other friends or perhaps to attend some type of function such as [someone else's] wedding, birthday, etc. or perhaps even tourism. The term fiance is too closely linked to pending marriage, and entry on visitor visa status does not explicitly allow an intent to marry in the U.S.

If an impression is made at the POE that a marriage will occur between you and her, conditions on her entry could be be imposed by imprinting "no COS or EOS" [Change of Status or Extension of Status) on her I-94 by the immigration inspector, or perhaps she may be permitted to remain in the U.S. only for a month, etc.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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