legal_consult
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I'm a non-immigrant working on F1 STEM-OPT in US. I got married in March 2019 in India and my wife visited me for 2.5 months in US on B1/B2 visa. She had received the tourist visa in 2017 to come visit me for couple of weeks. She stayed with me in US from March 25 to June 11. We had been in the process of applying to graduate schools in US for my wife since last year for Fall 2019 term. She received an admit from a university and appeared for a visa interview in New Delhi consulate. The VO denied the F1 visa saying your circumstances had changed since you were issued B1/B2; you should not have visited your husband on the same visa. She said you should apply for F2 (student dependent) and study there. She gave her the 214B slip. Additionally, she cancelled her B1/B2 with a stamp saying "cancelled without prejudice". She wants to appear for another visa interview for F1. Is it a good idea to re-appear for the interview? We are thinking of explaining that she came to US for short term and attend few information sessions of some universities. Therefore, she did not apply for a F2 dependent visa. Moreover, the reason we did not apply for F2 dependent visa was because we were already planning on applying for F1 visa.
F1 denied due to visiting husband on B1/B2
in Student & Exchange Visitor Visas
Posted
SusieQQQ, you are probably right. She may not have convinced the officer that she indeed wants to study in US and then return to India. As to answer the question about what has changed in her application since her first attempt - nothing actually. Since she was caught by surprise during her first interview, she may not have reasoned her intentions to the officer clearly. We are hoping to give another shot and correct that. Also, doesn't it make our argument stronger that she came to US to visit her husband and left without overstaying her visa. She has done that twice already (although the first she visited we weren't married then). Doesn't this demonstrate non-immigrant intentions? She has received some scholarship from her University too which kind of makes her a "genuine student" (whatever that means). If we give it another try, won't it appear that she is really desperate to go for grad school? Do you think that all these reasons make our case strong and may influence the officer reverse their decision?
On the other hand, I am skeptical to schedule another F1 visa appointment because if F1 doesn't pan out, I do not want to hamper her chances of getting an H4 dependent visa. My H1B petition is in progress and should be effective October 1. I'm scared that if we try too hard for F1 now and don't get it, it may hurt her chances of getting an H4 later this year.
Coco8, I don't think that you cannot pursue graduate school on F2. However, you are probably right to say that the consulate thinks that she wants to move in with me.