I'm on F1 visa. Fiancé has tourist visa. Applying F2. Rejection affects her tourist status?
I am studying on F1 visa in the US and will graduate in an year. My fiancée has valid tourist visa. I am planning to get married this summer. So in order to bring her here I am a bit confused what's the best way to go about her visa. I have multiple questions here:
Option 1 is not to do anything. She comes here on tourist visa stays for few months as per the permitted period on the visa and leaves the country.
Can she say to the immigration officer that she is married? Can she renter in couple of months once she leaves?
Option 2 is to apply for student dependent visa. I have enough funds to support her which I earned from two internships. This seems like most natural option but I am afraid what happens if this visa is denied as I hear lot of denials for dependent visa for wives of students. What happens to her tourist visa if her student dependent visa gets denied? Will they cancel tourist visa stating that her purpose has changed? I think change of purpose is debatable since even though she will be married to me she will roam around in the US see places and leave as per terms on the tourist visa.
Can someone please help me how this situation is usually looked upon?
Option 3 is to apply for her h4 once I get H1 but that will not happen until 2015 oct I presume. I personally want her to stay here as much as she can before she can apply for H4. So student dependent is preferable but tourist can also work. Provided she can renter in couple of months or so. What's an acceptable gap in month for re-entry?
I would apply for student dependent visa if it's rejection doesn't affect her tourist status. Is there a 4th option?
Thanks for your answers. I was not clear earlier that I am planning to get married outside USA. So she will enter US only after she gets married. So my question is really about what visa should I go for at that time- F2 or her current tourist visa. I don't want her tourist visa to get cancelled if her F2 gets rejected.
- NexLv 76 years agoFavorite Answer
Go with option two:
Marry and have her file I-539 for change of status to F-2 visa, or marry and have her apply for F-2 visa at a consulate abroad and return to US. If there's little time left on her current admission to US, it's safer to go the consulate route.
The request should not be denied, but if it is for whatever reason, she will keep her B visa.
If you marry abroad then she should apply for F-2 visa at a consulate abroad and use that to travel to US.
When you receive an H-1B she will be eligible for H-4.
- Anonymous6 years ago
If you marry she returns to the home country and files for an F-2 visa ... ...she cannot work on that visa...
you chances of getting n H1B as a recent grad are very slim
- 6 years ago
Option 2 is the correct one. you go with the option 2. your wife will not stay in US after expiry of tourist visa.