Getting F2 VISA for wife while on F1-OPT

[sidamr]

Hello Everyone,


I am getting married in January 2015, and want my wife to join me on F2. I am currently on OPT which is valid till July 2015. I will be filing for H1B in April 2015 in case my H1B does not get approved I will also be eligible for additional 17 months extension. Now My fiance is currently on B2 here in US, she has multiple entry 10 year B2 visa. She will be returning to India after staying 4 and half months in USA.

Now I wanna know what is the best way to proceed.

1) Should she come on B2 visa again after just one month of stay in India and then we file for her F2 status change here in USA?

2) Should I get her F2 Visa stamped in India?

3) Its the last one and least favored: That we just get married here and change her to F2 here only and never leave till I get H1B?


Also, I graduated from one of the top University in here and India(Columbia University and IIT in India) and working full time with one of the largest bank in the world here in New York, which I think does make difference as I noticed during my F1 visa stamping.

Thank you very much in advance for your time.

[peace999]

F2 denials are frequent in India( sec 214b-immigrant intent) and with you on OPT it is very likely. And if denied, they will cancel her existing B2 as well. So this is the least favoured.

And if she leaves now , re-entering on a B2 should not be attempted till feb 2015, as
her current stay is 4 months + already.

And I am not sure if they will grant her change of status with you on OPT. You should talk to a good attorney about this.

[sidamr]

F2 denials are frequent in India( sec 214b-immigrant intent) and with you on OPT it is very likely. And if denied, they will cancel her existing B2 as well. So this is the least favoured.

And if she leaves now , re-entering on a B2 should not be attempted till feb 2015, as
her current stay is 4 months + already.

And I am not sure if they will grant her change of status with you on OPT. You should talk to a good attorney about this.

I do know that transfer is possible from B2 to F2 here in US and takes about 10 weeks, but what I dont know whether it also carries equal risk of getting denied as F2 stamping from India.

I also wanna know if someone comes from top school and works in well known company but still got denied F2 for his/her spouse. I know people from my University who worked for good companies and all got F2 approved for their spouses.

So I wonder whether that makes any diffrence?

[peace999]

Being from a top school may or may not make a difference, in the end it is all at the discretion of the officer . And you won't know till she has applied and taken the risk.

I suggest she enter with you after marriage in Jan/feb on her existing B2 and then wait for your H1b result in april.

[sidamr]

Being from a top school may or may not make a difference, in the end it is all at the discretion of the officer . And you won't know till she has applied and taken the risk.

I suggest she enter with you after marriage in Jan/feb on her existing B2 and then wait for your H1b result in april.

Yup, that seems to be the best bet..I am going to be speaking for lawyers in details.

[sidamr]

Yup, that seems to be the best bet..I am going to be speaking for lawyers in details.

I have one more query that is if my wife come on B2 this time and gets asked about her marital status at port of entry? what should she say? If she says yes will they block her from entering?

[peace999]

When she enters she will have to declare a purpose , so she will have to say I am visiting my husband for a few weeks . That is no reason for them to stop her.
She should carry a return ticket for a few weeks.

[ankursah]

Hey sidamr,

I am selling in the same boat as you were, I would really appreciate if you could let me know what eventually ended up doing? My fiancé is with me now on B1 and we will be getting married in Nov this year. I shall be applying for H1B again next year as I did not make it through the lottery this time.

The options that I am considering to get her here with me are
1) Marry here and apply for F2 when she goes back to India next month
2) Apply for F2 in Nov after marriage in India
3) Have her on B1 all until my H1B gets approved
4) Have her on B1 and change status to F2 when she is back in US after Nov

Please suggest

Thanks in advance

[surddre]

Hey sidamr,

I am selling in the same boat as you were, I would really appreciate if you could let me know what eventually ended up doing? My fiancé is with me now on B1 and we will be getting married in Nov this year. I shall be applying for H1B again next year as I did not make it through the lottery this time.

The options that I am considering to get her here with me are
1) Marry here and apply for F2 when she goes back to India next month
2) Apply for F2 in Nov after marriage in India
3) Have her on B1 all until my H1B gets approved
4) Have her on B1 and change status to F2 when she is back in US after Nov

Please suggest

Thanks in advance

Hi Ankursah,

Right now I am in same situation, I would like to know which option did you go with and how did it come through.
Would appreciate if you can respond and let me know the situation at your end.

Thanks,
Suresh