rohit5 Posted January 1, 2014 Report Share Posted January 1, 2014 Mine is a little complicated and sad story. To keep it simple i will try to ask my question in short as possible.-My first F1 got rejected in Aug 2012 for low gmat score.-I got married in jan 2013 and applied for F2 in february and got rejected saying my Wife has to be working full time or she must be on H1(She was working as a lab assistant at her univ and was on F1).-My wife got a full time job on july 2013(started working on CPT) and i went for F2 again on september. This time shes on OPT. VO asked only 4 questions(purpose of travel,univ of my wife,what do u do,OPT valid till) and rejected again saying she has to be on H1.My problem now here is, I cannot wait till 2014 october for my wife to get her H1B. Can I try to change my consulate and explain better as i badly want to live with my wife(Its really a fact we both are dissapointed since a year as we cannot live together).And one more unclarified doubt is, she has got only 2 years F1 visa which expired on may 2013. But she has valid OPT till Aug 2014. Will this affect in anyway if i again go to F2 visa? Any suggestions and help is very much appreciated.Thanks Link to comment
jairichi Posted January 2, 2014 Report Share Posted January 2, 2014 On F1 it is tough to make both ends meet for one person with a part time job. Having a dependent on F2 requires a particular level of income (a specific amount/month to be able to support a dependent) which I believe your spouse did not have. I sympathize with your situation but changing consulate is not going to help you as all your visa rejection records will be available to VO at any consulate. Take the help of a good immigration attorney. Link to comment
JoeF Posted January 2, 2014 Report Share Posted January 2, 2014 What's this "working on CPT" about? Stuff like that is an immediate red flag. CPT should be avoided. It has been abused by fraud universities. Link to comment
t75 Posted January 2, 2014 Report Share Posted January 2, 2014 She can return to your country to live with you. No one is ever guaranteed a visa. If you really want to be together, she needs to move. They do not believe that she can support you and so you are likely to work illegally. Changing consulates is not going to work in your favor. Link to comment
rohit5 Posted January 2, 2014 Author Report Share Posted January 2, 2014 On F1 it is tough to make both ends meet for one person with a part time job. Having a dependent on F2 requires a particular level of income (a specific amount/month to be able to support a dependent) which I believe your spouse did not have. I sympathize with your situation but changing consulate is not going to help you as all your visa rejection records will be available to VO at any consulate. Take the help of a good immigration attorney. The first time i went for F2, yes her income was low but we had strong financials both her savings as well mine, but VO was not convinced with it(VO even dint see savings,only asked pay slips). Yes i am indeed in search of a good attorney and did not get any yet. What's this "working on CPT" about? Stuff like that is an immediate red flag. CPT should be avoided. It has been abused by fraud universities. She got CPT on her last semester as she already acquired required no. of credits( its a state university and not a new or low rated one) just 2 months before she completed her masters. And no where was the topic of CPT came in my interview with the VO. She can return to your country to live with you. No one is ever guaranteed a visa. If you really want to be together, she needs to move. They do not believe that she can support you and so you are likely to work illegally. Changing consulates is not going to work in your favor. If she is to be returned to india, I would not have opened this topic dear. About supporting me, the 2nd time i went for visa, i had all her payslips,savings( she has been working full time since 3 months by the time i attended interview) The reason i asked about consulate change is, many got lucky by doing so, and i have all 3 rejections at same consulate. Link to comment
jairichi Posted January 2, 2014 Report Share Posted January 2, 2014 The first time i went for F2, yes her income was low but we had strong financials both her savings as well mine, but VO was not convinced with it(VO even dint see savings,only asked pay slips). Yes i am indeed in search of a good attorney and did not get any yet. She got CPT on her last semester as she already acquired required no. of credits( its a state university and not a new or low rated one) just 2 months before she completed her masters. And no where was the topic of CPT came in my interview with the VO. If she is to be returned to india, I would not have opened this topic dear. About supporting me, the 2nd time i went for visa, i had all her payslips,savings( she has been working full time since 3 months by the time i attended interview) The reason i asked about consulate change is, many got lucky by doing so, and i have all 3 rejections at same consulate. You are in the forum of a good immigration attorney and so contact them. As I said earlier all your 3 rejections will be there for VOs to see at any consulate you plan to attend. Get the advise from an attorney before you proceed further. Link to comment
JoeF Posted January 2, 2014 Report Share Posted January 2, 2014 She got CPT on her last semester as she already acquired required no. of credits( its a state university and not a new or low rated one) just 2 months before she completed her masters. And no where was the topic of CPT came in my interview with the VO. It is in the file, and likely played a role in the decision. CPT has to be an integral part of the curriculum. What what you state it obviously wasn't. People really need to avoid CPT. Link to comment
JoeF Posted January 2, 2014 Report Share Posted January 2, 2014 She got CPT on her last semester as she already acquired required no. of credits Oh, and did she continue to attend classes? Even when a person uses CPT, the person still has to fulfill the F1 requirements, i.e., attending classes. Link to comment
t75 Posted January 3, 2014 Report Share Posted January 3, 2014 OP, You seem to think you are entitled to a visa to live with your spouse. You are not if you are believe to be likely to be in a position contrary to the rules of the applicable program. You may find an employer to file for H1B and is selected enter the US for Oct 1, 2014. She may file for an H1B and you may apply for H4 - again for Oct 1, 2014. If living with your spouse was important, you would have selected someone not in the US. You are more interested in moving to the US than in living with your spouse if you discount the suggestion that she move to your home. Link to comment
rohit5 Posted January 3, 2014 Author Report Share Posted January 3, 2014 You are in the forum of a good immigration attorney and so contact them. As I said earlier all your 3 rejections will be there for VOs to see at any consulate you plan to attend. Get the advise from an attorney before you proceed further. Yes will do that, Just reviewed their website. Thanks OP, You seem to think you are entitled to a visa to live with your spouse. You are not if you are believe to be likely to be in a position contrary to the rules of the applicable program. You may find an employer to file for H1B and is selected enter the US for Oct 1, 2014. She may file for an H1B and you may apply for H4 - again for Oct 1, 2014. If living with your spouse was important, you would have selected someone not in the US. You are more interested in moving to the US than in living with your spouse if you discount the suggestion that she move to your home. I am little confused with your answer, are you saying that i have to apply for H1B and as well she should file H4 for me? Correct me if i am wrong. Oh, and did she continue to attend classes? Even when a person uses CPT, the person still has to fulfill the F1 requirements, i.e., attending classes. Only one subject was left to complete at last and it was a online course. So , she completed it that way. I did not know working on CPT is such a bad sign to anyone. Anyways what do you suggest now? Link to comment
t75 Posted January 3, 2014 Report Share Posted January 3, 2014 If you are qualified for H1B, find an employer to file for you. She is quaified for H1B and can find an employer to file fer her. Once she is in that status you may apply for H4. Link to comment
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