Dependent (F2) rejected, have valid tourist visa, is travel advisable?

[riddler]

Following is the background related to my question:
* I have F1 (student) visa and currently I am working as a part of my OPT.
* My wife applied for F2 dependent visa, but it was rejected.
* She has a valid 10 year tourist visa.

Q. Since there is no point in reapplying for F2 dependent visa unless there is a significant change in the current situation/application packet, would it be advisable for her to visit US on her tourist visa? Considering that the immigration officer, at the port of entry in US, will clearly see the dependent visa rejection record in her profile and might question the purpose of visit inspite of visa rejection, we are not very sure if this would be a good idea. Any views would be really helpful.

[paultesar]

That is a tough situation

What was the reason for rejection of your wife's f-2 application? What country did she apply in? Please be advised that on a tourist visa your wife will be able to stay only 3 months or less. If her stay reached 90 days she would have to leave the country to avoid loosing her status and become illegal. Going to Mexico, Canada, or adjacent islands won't reset the count. Even if she leaves to overseas, she will be questioned next time she comes back and might not even get into the country.

I would suggest to resolve whatever reasons that caused her application to be rejected. If that's not an option, ask your employer to sponsor you for a h1-b visa, your wife would get h4 as a dependent person. If your employer isn't up to it, find one that is before your OPT expires.

Best regards,

PT