Spouse on B1/B2

[Abhinav Thakur]

I currently am on F-1 visa in the US. I am working after completing studies since December 2012 on OPT and did not get my H1B this time due to lottery. I have applied for my OPT extension which I expect to get by the end of the year and which will be valid from Jan 2014 for 17 months during which time I expect to get H1B visa. I am going to get married in February and want to bring my spouse along with me. She has a visitor's(B1/B2) visa which she got after being invited for a seminar. She couldn't attend the seminar due to financial constraints. So I'd be very helpful if someone could clear the following doubts that I have:

1. Is it possible for her to accompany me back to the US on her visitor visa? If yes, what documents are required (do I need to fill I-864/I-134 and/or write an invitation letter) for entry into the States?
2. I have heard of many F-2 rejects and hence I am a little apprehensive about letting her apply for F-2. Any information regarding the same would be highly appreciated.

I would rather bring her to the states on a visitor's visa than risk a rejection for F-2.
Thanks a lot

Abhinav

[peace999]

Correct. Good chance of F2 being denied plus there is a risk that they will cancel her existing B1/B2 as well.

*When was she supposed to travel for the seminar?
*Does she have an annotation on her visa?
*Does she have a multiple entry long term visa?

[Abhinav Thakur]

spouse

She was supposed to be in the states from 23rd november till 1st december.
She does have a multiple entry long term visa valid for 10 years.
Don't know what you mean by annotation but don't think she has any on her visa.

[peace999]

annotation is a note on the visa the officers occasionally place to restrict its use to limited circumstances.

With a 10 yr visa, no annotation , she is free to travel for a temp visit. She does not need any I-134/I-864/invite
but very important is what she says when they ask her the purpose and duration.Her answer must show an intent to return.
And she must carry a confirmed return ticket.
More so when she will be traveling with her husband ( likely to stay back). And these days they also match what you said at the interview,
so she may be asked about the seminar and she should have a very satisfactory answer that does not show she lied at the visa interview.