B2 Vs F2 Vs H4 visa for my Spouse

[RamVs]

Hi

Myself Ram, working as a Software professional here at the USA.
Currently I am on my F1 visa(June 2013 - June 2018).
My complete profile as follows:

MS degree start: Aug 2013
MS degree end: May 2016

OPT start: May 2016
STEM OPT start: May 2017
STEM OPT end: May 2019 (My F1 valid till June 2018, but I am legal to work till May 2019)

Last month, i.e, Nov 2017, I got married for my lifetime. I am wondering on what visa should I bring my spouse to the Usa. She wanted to do MS in her field(Physio) after reaching here. So she will have to convert her visa(whatever visa) to F1 visa. It would be difficult for her to apply F1 from India as she is not good at GRE and the application process is very tedious.

These are the possibilities I thought of:

1. B2 Visitor's visa: Who can be the sponsor? What are the documents required? Any financial statements required? Converting to F1 is easy?
2. F2 Visa: Is it worthy to apply to this considering my F1 valid thru June 2018? Any limitations?
3. H4 Visa: I have to wait until I get H1(luck based) to apply for H4 for her. I do have two more chances(2018,2019) for applying H1B. But it would take very long time for bringing her.

I hope I am clear with this post. Let me know if you have any questions. Suggest me with the best possible way to bring my spouse to Usa.

Thanks,
Ram

[inadmissible]

She can't go to school on either a B-2 or F-2 visa

[RamVs]

She can't go to school on either a B-2 or F-2 visa

What I heard from my advocate:

She might not be able to go, but she can definitely convert her visa(whatever visa) to F1 visa, once she is USA.

[RamVs]

Hello, can someone please shed some light on my case?

Thanks in advance,
Ram

[inadmissible]

It isn't any easier to convert her B-2/F-2 visa to F-1 while in the States, as compared to obtaining the same F-1 through a consulate abroad. In fact, in some ways it is more difficult, because her written narrative must be complete, whereas the consular officer has the ability to ask questions, gauge her veracity through her body language & demeanor, and exercise some judgement. If you think she isn't a good candidate for an F-1 visa through the consulate abroad, she is probably just as bad a candidate for an F-1 change of status in the United States

Furthermore, if she doesn't already have a B-2/F-2 visa, you're putting the horse before the cart.

If she wants to come over to visit briefly, she should apply for a B-2
If she wants to come over to live with you, she should apply for an F-2
She isn't ready to apply for a F-1 visa until she is able to gain admission to a school

[RamVs]

It isn't any easier to convert her B-2/F-2 visa to F-1 while in the States, as compared to obtaining the same F-1 through a consulate abroad. In fact, in some ways it is more difficult, because her written narrative must be complete, whereas the consular officer has the ability to ask questions, gauge her veracity through her body language & demeanor, and exercise some judgement. If you think she isn't a good candidate for an F-1 visa through the consulate abroad, she is probably just as bad a candidate for an F-1 change of status in the United States

Furthermore, if she doesn't already have a B-2/F-2 visa, you're putting the horse before the cart.

If she wants to come over to visit briefly, she should apply for a B-2
If she wants to come over to live with you, she should apply for an F-2
She isn't ready to apply for a F-1 visa until she is able to gain admission to a school

Hi inadmissible,

I see where you are heading. But here the thing is, she is into Non-math field, i.e, Physiotherapist. That's the reason I was saying: Applying for a University by preparing GRE would be difficult. She is good at English and she can get a score more than 100 in TOEFL with ease. Thus I wanted her to be here(USA) with any visa and once here, apply to a university(near our residence) that accepts only TOEFL score(esp in her field of study).
And yes, she s yet to get any visa. Can you suggest me a path now?

Thanks,
Ram

[inadmissible]

F-2, because it is available immediately, and she can stay for as long as you remain in status. To get this visa, she will have to show strong ties to her home abroad, and prove she has access to the funds to support herself in the United States (just like you did when you first received your F-1 visa)

[RamVs]

Hi indamissible,

When you mention this:

, and she can stay for as long as you remain in status.

, does it mean: till end of my work authorization(May 2019) OR till end of my current visa(June 2018)?

And this:

she will have to show strong ties to her home abroad

, Home abroad in the sense: Making VO believe that she will be back to India soon as there is something to do at the home country?

[scientist2016]

Hi indamissible,

When you mention this:
, does it mean: till end of my work authorization(May 2019) OR till end of my current visa(June 2018)?

And this:
, Home abroad in the sense: Making VO believe that she will be back to India soon as there is something to do at the home country?

A visa is for entry purposes only. The duration of stay is determined by the I94, issued at the port of entry. so typically the F2 holder should be able to stay as long as the F1 holder. In your case the duration of stay is determined by your EAD. Visa expiry only means that you cannot re-enter.

Regarding the ties to home comment: What inadmissible was saying is that the requirements for F2 are the same as for F1 viz., you should be able to demonstrate to the VO's satisfaction that you do not have any immigrant intent during your stay on the visa you desire to be issued.

[rrajvanshi1947]

Hello

I am planning to get married next year and considering options as to which route will work best to bring my fiancee here. If all goes well, I'll be on my OPT next year. From what I've gathered, it is not a healthy choice to apply for F-2 for your partner in case you're on your OPT. So is applying for her F-2 visa while I'm on my F-1 visa and not working better or a B-2 visa and getting it converted once she lands here or should we plan for her student visa F-1 instead? What are the chances to get a visa in these cases? Please tell me which visa did you apply for in your case and how did things go for you? Is there any alternate route we can also consider?

Thank-you in advance

[Libra_14]

Hello

I am planning to get married next year and considering options as to which route will work best to bring my fiancee here. If all goes well, I'll be on my OPT next year. From what I've gathered, it is not a healthy choice to apply for F-2 for your partner in case you're on your OPT. So is applying for her F-2 visa while I'm on my F-1 visa and not working better or a B-2 visa and getting it converted once she lands here or should we plan for her student visa F-1 instead? What are the chances to get a visa in these cases? Please tell me which visa did you apply for in your case and how did things go for you? Is there any alternate route we can also consider?

Thank-you in advance

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