I created this post because me and my Fiance are in between a rock and a hard place.
Long story short, I am U.S. born citizen and my Fiance who I have been with for five wonderful years was on her H-1B during that period. She always aimed to get a labor based green card through her employer rather than through marriage. With that being, said we always tried to get married when we had the finances for it. When we finally had the finances we were planning to book a wedding in JUNE, 2020. Since this COVID incident happened it put everything on hold. Now we are looking to get married via online as it is the economical and safest approach since we don't need to gather in large groups.
It was 2 days ago I found out that my fiance H-1B extension was denied. Her company recommended and advised filing a tourist B-2 visa she panicked and signed it without consulting me. We planned to get married before the B-2 visa. I feel like this was unforeseeable outcome because of the Covid Pandemic, and now my fiance and I are faced with a huge obstacle.
My question is, would the 90-day rule on the B-2 still apply to us since my Fiance was in the United States for over 5 years?
I can't find that much information on this topic. But, it is not like she got the B-2 VISA and then decided to come to the States just to marry.
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source https://www.reddit.com/r/immigration/comments/hj1gpv/h1b_to_b2_advice_on_behalf_of_my_wonderful_fiance/