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 currently. This doesn't mean that I quit studies. I would still continue my studies but with H1 status.
I am so happy that your valuable suggestion worked out for my friend 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? Or DO I need to wait for H1 approval and incase its approved, shall I send for H4?
Please help me how to proceed here.
Thanks & Regards,
Your wife’s reapplication for F-2 will meet with a question on how much more study time is left on your F-1. Also, your H-1B lottery success will start showing up in databases. I think the VO will ask your wife to wait till your H-1B comes through. If yours and Kumar’s cases are identical, you are welcome to try the same strategy but I think they will ask your wife to follow the H-4 track instead of F-2. Feel free to discuss this more.
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO, USA. www.chu.edu; email@example.com
Thanks Sandeep for the reply. I have an year more to complete my studies. As per your suggestion, I think its better for me to wait until my H1B approval and send her for H4. However I have few other questions raised in my mind.
What are the chances of getting her H4 approved. If my H1 gets approved and she attends H4, does the VO question her about all my changes of statuses?
Also, even if my H1B gets rejected, can she attend for F2 again? What questions might arise here? Will they ask about my H1 rejections and all that?
I think too many questions but I am losing hopes day by day. Please help and suggest me how to proceed further? Can I send her for F2 visa now though chances are less? Does it effect her in future visa interviews as H4?
Here is my suggestion. One year is a long time to wait. She can come to the US on short term B-1 visa. This provision is allowed provided she shows own funds to travel and stay. Funds must be shown for 4 months including medical insurance. If you wish, a change of status can be applied for here. But this is a weak approach and will fail if she is allowed only one month at port of entry.
Now to answer your questions: (1) H-4 is an easy visa status, approval chances are always very high. No questions will be asked. (2) If your H-1B meets with a negative outcome, you can extend your F-1 and yes, then an F-2 can be applied for. If you want to send her for F-2 interview now, that is fine. Rejections do not impact anything. If she goes now, ignore the VO request for stamped visa for the original F-1. The only document they need is proof that the school knows you are bringing a dependent. Please make sure she has medical insurance from India and proof of financial stability as you are not expected to have large cash reserves.
Thanks a lot for the nice answers with great explanation. I am gaining hopes while reading your reply. Would you mind if I call you in personal anytime at your free time? I am hoping that I would get a correct solution from you with proper guidance. Can you please reply me with your number.