Thank you, Amie.
1) You can divorce your husband here in USA - you do not have to go back to India. Know that a divorce takes at minimum 60 days (assuming that he is in agreement to divorce you).
2) I am afraid that your fiance cannot come over on a B2 visa if you intend to marry them. When someone enters on a B2 visa, they should not have "dual intent." Dual intent means that one intends to stay in the US as an immigrant. A B2 visa does not allow dual intent. See here
for the explanation.
3) USCIS might be afraid that the individual who is coming on a B2 visa may be trying to overstay
and/or have dual intent, so they will generally not allow them to do so.
4) As such, it is best to get married abroad, and then sponsor them for an H4 (spousal derivative visa) via your H1B.
5) Alternatively, they can simply not tell USCIS their real objective when filing for the B2
, and then come here, wait at least 90 days, get married to you, and adjust to the H4. However, this is not good because (a) they would be lying to the government which is a criminal act, and (b) if USCIS finds out that this was planned all along, their B2 and/or H4 may be denied and they may be asked to leave the country.
6) As such, it is best
that after your divorce, you marry abroad, and then simply request them via an H4 visa.
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