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shravan12

F2 Visa Rejected

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Hello,

I am currently on F1 in my initial OPT (valid until June 2019). Got married recently and wanted to take my wife along with me. Applied for F2 visa for her and got rejected in Hyderabad embassy yesterday quoting 214 b. Just two questions were asked, when was I graduated and am I on OPT now, and said cannot issue visa at this time.

Could you please suggest on what went wrong and what to do now.

Thanks in advance!

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214b means the CO wasn't convinced of the applicant's non-immigrant intent. She now waits for your student visa status to end and you return to your home country. 214Bs are extremely hard to overcome. 

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and when are you actually returning to India permanently? That is the key issue....if you are not returning, why would  a CO believe that your spouse would?

When did you enter the US and with what type of visa?

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On 2/28/2019 at 10:53 AM, pontevecchio said:

Why the gap between May and September?

May 20th I have graduated and from then was trying to get a job and started working from Sept 4th. (This was within 90 days period after graduation and OPT)

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On 2/28/2019 at 11:51 PM, Noah Lott said:

and when are you actually returning to India permanently? That is the key issue....if you are not returning, why would  a CO believe that your spouse would?

When did you enter the US and with what type of visa?

I have entered the US in Jan 2017 on F1 visa, graduated and currently working on OPT.

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but when are you really returning to India? Because that is the central issue....if the CO does not believe that you will be returning, why should he/she believe that your spouse will?

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This makes little sense. You are studying in a OK Institution which cannot be considered a diploma mill by any means. You have not done CPT. Has she got any history of other visa refusals like F1?

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Well, as your wife's visa has been rejected, she has no option other than to wait for you to return to India permanently once your F1 status ends. 

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18 hours ago, pontevecchio said:

This makes little sense. You are studying in a OK Institution which cannot be considered a diploma mill by any means. You have not done CPT. Has she got any history of other visa refusals like F1?

No refusals before, this is the first time ever she appeared for a visa interview

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22 hours ago, Noah Lott said:

but when are you really returning to India? Because that is the central issue....if the CO does not believe that you will be returning, why should he/she believe that your spouse will?

Noah is to the point. 

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Then I suggest you consult the firm of Murthy in Chennai for guidance in the matter. 214b is their escape route if they decide for WHATEVER reason that they will not issue the visa.  

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214B, rather than an escape route, is in fact a section of the law all COs must refer to while adjudicating NIVs. 

Nothing escape routing an F2 applicant's intent when the F1 sponsor's intent is unknown. Once F1 status ends, OP can return home to Hyderabad and be reunited with spouse. 

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It is well known that getting an F2 when the primary is working on OPT is very hard.

 

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The main issue here is a simple one...is the F1 visa holder going to return to India soon? If not, why would the future F2 recipient? Stories will not help...vague plans that try to persuade a CO otherwise will not help. If the F1 OPT period is ending relatively soon, then there is NO need for the F2 to wander off to the US, as the F1 person has been doing just fine without her and can easily survive another few months apart since the marriage was recent and both have been apart for some unknown amount of time. 

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