Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Wife's F1 Visa, while husband is working in US on F1 - OPT with H1B petition pending.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Wife's F1 Visa, while husband is working in US on F1 - OPT with H1B petition pending.

    Hi folks,

    Here is the situation:
    I graduated in Dec 2014 in the USA and got married in India. After that I started working for a company in US on F1-Opt and my wife stayed back in India and applied to Universities from India to pursue MS. My company has filed my H1B petition and I have not received any update from the company lawyers (my hopes are low of getting an H1B as I think it's too late). In the meantime my wife got admits from reputed state universities in the US. Now she is scheduling her visa interview for her F1 visa.

    Questions:
    1. Can anyone in a similar situation or someone who knows more about this tell me more about the chances of my wife getting a visa? (Please bear in mind we have never applied for any kind of dependents visa for my wife whatsoever, this will be her first visa attempt)
    2. Does the fact that I am in USA affect her chances of getting a visa?
    3. If the VO asks my wife what is your husband's visa status, should she say that he is on F1 visa on OPT or she should also include the fact that my company has applied for my H1B and we are awaiting the result.

    Any help, tips, experiences are appreciated. Thank you.

  • #2
    Similar situation with me now. Can you tell me what had happened in your case?

    Thinking whether my fiancee should try applying for F1 visa (have to write gre etc, have to figure out how to afford the fees), or try directly for H1B (again dont know if marriage would only complicate these). Or just exit US. Her coming to US and not being able to work is not an option.

    Comment


    • #3
      1) The older the applicant, the stronger the ties an F applicant needs to have to their home abroad. If they will struggle to pay for the educational & living expenses, they are not eligible for the visa

      2) It has no effect whatsoever on her getting a H-1B visa in the next lottery, because H visa applicants do not require overcoming the presumption of immigrant intent. In theory, having a husband in the US should affect her ability to demonstrate the strong ties to her home abroad that is needed for an F-1 or F-2 visa, but consular officers take into account the totality of the facts & circumstances

      3) You are on F-1 OPT. Whatever H visa you have applied for but not obtained is not relevant for this purpose

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X