Non-immigrant issue for spouse


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Hi,

I have a question for my fiance's potential VISA problem. In 2019, she got into into University of Farmington which came under US government scanner and she was asked to leave the country in a short notice, like many others. She left the country back then per the notice and is currently in the UK on a student VISA. We are planning to get married soon and I am concerned with the VISA issues which could arise post marriage for her to live with me in the US based on her history. I am thinking of a couple of options but would appreciate your advice:

1.  H4 VISA and wait for my I140 to get her the work permit

2.  H4 VISA for her and then enroll in another college which allows her to work, Day 1 CPT

3. What are the potential issues when her H-1B VISA would be filed, going by option 2(Day 1 CPT).

I am more concerned about the VISA officer looking at her history(of being enrolled with the University) and then asked to leave? Will it have any impact on her future applications. Considering her history, which of the above options would you recommend and please also let me know if there are better options than what is stated above.

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  • 2 months later...
On 4/26/2021 at 6:35 PM, rred said:

Hi,

I have a question for my fiance's potential VISA problem. In 2019, she got into into University of Farmington which came under US government scanner and she was asked to leave the country in a short notice, like many others. She left the country back then per the notice and is currently in the UK on a student VISA. We are planning to get married soon and I am concerned with the VISA issues which could arise post marriage for her to live with me in the US based on her history. I am thinking of a couple of options but would appreciate your advice:

1.  H4 VISA and wait for my I140 to get her the work permit

2.  H4 VISA for her and then enroll in another college which allows her to work, Day 1 CPT

3. What are the potential issues when her H-1B VISA would be filed, going by option 2(Day 1 CPT).

I am more concerned about the VISA officer looking at her history(of being enrolled with the University) and then asked to leave? Will it have any impact on her future applications. Considering her history, which of the above options would you recommend and please also let me know if there are better options than what is stated above.

Option 1 is good.  You can also find an employer who can get her into regular lottery (not Master's CAP).

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