I came to US on B1 and applied for F1 for pursuing Masters which got Approved and had I-797 Visa Approval letter with I-94 attached to it.
presently i am attending class and my SEVIS is active status.
Recently my wife went to F2 visa interview and got rejected due to this reason "VO said to her that your husband F1 Visa needs to be on passport and not by I-797 letter, which is not considered as visa.
I am planning to Exit and enter US with a F1 visa stamp.
Please let me know how to proceed further. Any i reapply for F2 visa? and how to convince her I-797 letter is valid visa.
A letter from school that states they are aware your wife is applying for an F-2 visa must be faxed directly to selected embassy. They will not look at this letter if she carries it. Also, your plans to exit and reenter carries a risk and will not benefit either.
Best wishes
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu
#2. There is no need to change visa class. Continue to apply for F-2. #3. Same rules apply. Your B-1 to F-1 change will cause a slight concern. Don’t get me wrong, many people do this but it is just that I would be happy if you attempt all this AFTER your wife arrives in the USA
The fax from school must be sent 48 hours prior to interview time. Later is okay but do not send it too soon as a filing system does not exist to keep such letters. You will not know that embassy received the fax but they are very good with it. The letter will arrive at window at exact time. Her passport number and your SEVIS identifier must be mentioned in letter. Embassy has no grounds for F-2 rejection as it violates the family unification bill of 2009. You must try NOT TO change F-2 application class to B-1 or F-1. An F-2 for your wife and her rights to travel to join her husband can be upheld in a court of law. You have to help university to draft letter though as this is something not done very often.
Thank you very much speedy response Shankar. I truly appreciate it. I have one last question. Could you please help me with this as well?
Since F2 Visa was rejected for the first time for my wife, when she appears for the second time, if VO asks the reason for F2 Visa rejection for the first time what should be her explanation? Appreciate your help Shankar!
The embassy will not ask this question. It is already part of their notes that show up on screen when the candidate reports at window. You had requested my phone number, please call any time at 720-212-6504. I will pick up if not in class
I have no word to praise you , Thanks a million from my heart and all your support adn idea which gave me confidence for reapplying for second time and you made my day.
My case is same as Kumar who referred me to your reputed Forum.
I came to US on B1 and applied for F1 for pursuing Masters which got Approved and I have I-797 Visa Approval letter with I-94 attached to it.
I am currently attending classes with active SEVIS.
I sent my wife for F2 visa interview couple of months back and it got rejected and the reason stated is "VO said to her that your husband F1 Visa needs to be on passport and not by I-797 letter, which is not considered as visa.
I have also applied for H1B this year which got picked in the lottery but is in RFE state.
I am so happy that your valuable suggestion worked out for Kumar and his Wife’s Visa is approved now. Could you please suggest and let me know how to proceed further in my case. Shall I send her for a another attempt for F2 visa? and how to convince the VO that the I-797 letter is a valid visa and also is it good to go for interview now since my H1 approval is awaiting?
Hi Kiran, thanks. Kumar spoke to me about you. Your case is a bit different although it might appear identical. I will write here later tonight. Best wishes, sandeep
