It’s important to separate what is legally possible from what carries risk. While your H-1B status remains valid in the U.S. with an approved I-797A, a B-2 visitor visa is strictly for temporary visits. If your fiancée enters the U.S. on a B-2 with a pre-existing plan to marry and file for change of status, this can be viewed as misrepresentation at entry. USCIS looks closely at intent, especially when a status change is filed shortly after arrival. A safer approach is for your fiancée to enter the U.S. only if the visit is genuinely temporary, then return abroad and pursue H-4 processing properly. Consulting an attorney before taking any steps is strongly advised.

Technically, a person may marry in the U.S. while on a B-2 visa, but the timing and intent matter greatly. If your fiancée applies for a B-2 while already intending to remain in the U.S. and change status, that can create serious issues, including denial or future visa problems. USCIS often applies the “90-day rule” when assessing whether someone misused a visitor visa. Since you could not travel due to visa appointment issues, alternatives such as consular H-4 processing after marriage abroad or waiting until visa stamping becomes available may be more defensible. Each case is fact-specific, so professional legal guidance is critical before proceeding.

This situation is common, but it must be handled carefully. Your approved I-797A allows you to stay and work in the U.S., but it does not grant immigration benefits to an unmarried partner. While marriage itself is allowed on a B-2 visa, filing for change of status shortly after entry can raise red flags if USCIS believes the visit was not truly temporary. A denial could affect future immigration benefits. Many couples in your position either marry outside the U.S. and apply for H-4 through consular processing or wait until visa stamping logistics improve. Before inviting your fiancée to travel, it’s best to review the risks with an immigration attorney who can assess intent and timing.