F1 Stamping, spouse on H1b

[rahul1450]

We are travelling to our home country and my wife needs to get F1 visa stamped. I see some issues here. I am on H1B and have applied for my perm and I-140 is on the way. Now for F1 we need to establish that person would return after completion of her studies. But her return depends on mine and I already have initiated my GC process.

Any advise how to prepare for visa interview/stamping?

Thanks.

[Guest Noah Lotte]

besides telling the truth?

[t75]

She has to be truthful.

[rahul412]

Any advise how to prepare for visa interview/stamping?

what you have said is correct.

In worst case she can come back on H4 and can go to school on H4. So no need to worry.

[F1struggle]

My DSO told me that they rarely ask about spouse in F-1 interviews. Also you have applied, not your spouse. Moreover the green card status has not been granted yet. Go for thei nterview with appropriate documentation and that should be ok.

[Guest Noah Lotte]

a DSO has not a single clue about what questions will be asked during an F1 interview...if the applicant checks the civil status box 'married'. do you really think that a VO won't ask...'what is your spouse doing?'...or, worse, if the applicant decides to check the 'wrong box' and choose 'single', (a lie), and the VO does a bit of back checking and discovers the 'inconsistency', what will your oh-so-knowledgeable DSO say about that? DSOs have not conducted a single visa interview in their lives, so what gives them the insight to what VOs will ask during visa interviews? Better to tell the truth, because getting caught in a lie will complicate matters to a degree you won't believe.

[rahul1450]

besides telling the truth?

I will am looking for advice as long as it is sensible. If you have nothing to contribute just stay away and do not respond.

[rahul412]

I will am looking for advice as long as it is sensible. If you have nothing to contribute just stay away and do not respond.

well, what's wrong in that advice??

what do you mean by 'sensible' here?

[rahul1450]

Well the particular advice I am referring to is 'besides telling the truth?''

I am not complaining about yours or any other advice and I am thank all other members for their valuable suggestion.

[F1struggle]

a DSO has not a single clue about what questions will be asked during an F1 interview...if the applicant checks the civil status box 'married'. do you really think that a VO won't ask...'what is your spouse doing?'...or, worse, if the applicant decides to check the 'wrong box' and choose 'single', (a lie), and the VO does a bit of back checking and discovers the 'inconsistency', what will your oh-so-knowledgeable DSO say about that? DSOs have not conducted a single visa interview in their lives, so what gives them the insight to what VOs will ask during visa interviews? Better to tell the truth, because getting caught in a lie will complicate matters to a degree you won't believe.

I just posted what my DSO said. My school is a reputed school, so I trust that my DSOs have seen a lot of members with such situations.

Also, if you see interview patterns based on experiences posted in this forum, I haven't seen any VO asking " oh, you are married , ehat does your husband do etc".

My DSO said they might only ask " has an immigrant petition been filed for you ever".

[Guest Noah Lotte]

How many visa interviews has your DSO conducted? I would guess somewhere around zero. How many visa interviews has your DSO observed (from behind the lines at a consular section) ...once again, zero. Casting one's fate on the suggestion of a person who has never been a VO nor seen VOs work is, well, foolish. Will your DSO call up the VO and 'order' him or her to reconsider a denial? No. Can your DSO override the VO's decision (denial)? No. So if this interview goes sideways, who will be to blame? Ask your DSO these questions....see what, if any, answers you get. If you were about to board an airplane, with an airline you didn't know, would you ask the pilot if the plane is OK or the baggage handler?

[pontevecchio]

The truth shall set her free. There is no set of standards. Eye contact and a smile will do wonders. No guarantees in life. She comes back in H4 status say. Life does not end. She can still study and can still get H1 status till you guys get the GC. Go with the flow and if you have any specific doubts consult a lawyer. You have applied for the PERM. Only if approved is the I-140 involved. Methinks you are making too many assumptions. If a reputed College and if your Wife can speak in fluent English...accent be damned she will get the visa.

[chakrakr]

The visa form asks if husband/father etc has applied for immigrant status. However, till you file your 140, you have legally not applied for immigrant status. PERM just establish that there are no US candidate for a position, it does not establish you as an applicant for a immigrant visa. Your wife can legally mark it as No.

[Guest Noah Lotte]

An experienced VO will ask about what her husband is doing...working? (if so, where) .. studying?...if so, where....and any attempt to be 'creative' with the answers will likely produce a denial. For example, if asked ...'is your husband working?' and her answer is 'yes', the next question will be..'where is he working?'... and if her answer is something evasive, like...'at a company' (thus trying to slow down the inevitable next group of questions)..the next question.." which company?"...and now? If she says 'XYZ company' but fails to mention the location of same, the next question will be..'and where is this company located?" ...here is where the interview may start to slow down if she tries to fabricate some silly story...(of course, if the husband was issued an H1B overseas, that record will be instantly available to the VO)...and so the interview goes....but a good VO will ask a lot of questions about the husband, and based on the answers, will make a decision....trying to avoid telling the entire story will only (a) prolong the interview and (b) give the VO pause about what's really going on, thus eroding the applicant's credibility, and likely leading to a denial.

[pontevecchio]

I suspect visa Officers do not frequent the forum and since GOOGLE is omnipotent let us be careful of false priests who come to do mischief.

[chakrakr]

OP need not lie. Where her husband is working should not have any bearing to her F1 visa. And if VO asks if husband has applied for PErmanent Residency, she can truthfully say No ... because a PERM application is not an individuals application for Permanent Residency it simply says there is no USC available for the position

[Guest Noah Lotte]

Oh contraire....VOs do look at this forum (and many others)...As far as the PERM application goes, her husband is on an H1B...which suggests he is not planning to return home any time soon, so why should she? Also, when applications for various types of immigration benefits are filed, they also appear electronically on the screens of the data bases that VOs use....what will she say then?

[deb1975]

I had applied for F1 when I was on H4 and my spouse's I140 had already been filed. It was about 7 years back so I don't exactly remember what the VO asked me but it was mainly what I was studying and why. I think I was asked about my spouse too and I just answered truthfully. It was not a big deal and I got my F1 visa. So go for the interview and in case she does not get the F1, she can always come back on H4. I actually studied the first three semester on H4 and then for the last semester changed to F1.

[chakrakr]

Oh contraire....VOs do look at this forum (and many others)...As far as the PERM application goes, her husband is on an H1B...which suggests he is not planning to return home any time soon, so why should she? Also, when applications for various types of immigration benefits are filed, they also appear electronically on the screens of the data bases that VOs use....what will she say then?

H1B is a dual intent Visa . The holder CAN go for permanent residency (after a lot of additional steps) if he wants to. But H1 is NOT a immigrant visa. H1 has a limit of 6 years and someone doing a Bachelors + Masters or Masters + PhD will likely spend more time than that. So, husband on H1, not returning anytime soon is not an issue

There are tonns who are on H1 and their spouse moved to F1.

Again, a PERM is NOT an immigration benefit . Heck , it need not even be tied to a particular individual. Just FYI , PERM establishes that no USC is available for a particular position and 140 Establishes that the alien individual is being considered for the position.

If VO asks if her husband has applied for immigration benefit, she can truthfully answer no. If VO specifically asks for PERM, she can again truthfully answer Yes. I hope unlike you, VOs know that PERM does not establish immigrant intent.

[Guest Noah Lotte]

The main thing is to tell the truth, rather than try to be creative. While no one (no, not even me!) can predict with a certainty the outcome of this interview, there would be a strong chance that her application will be denied if she tries to evade any questions or says something that is not truthful (or accurate), which would damage her credibility. There is a very good chance that the PERM filing will bubble up on the VO's data base, so any attempt to make up a new (and likely unbelievable) story could easily result in an outcome she does not want.

[chakrakr]

The main thing is to tell the truth, rather than try to be creative. While no one (no, not even me!) can predict with a certainty the outcome of this interview, there would be a strong chance that her application will be denied if she tries to evade any questions or says something that is not truthful (or accurate), which would damage her credibility. There is a very good chance that the PERM filing will bubble up on the VO's data base, so any attempt to make up a new (and likely unbelievable) story could easily result in an outcome she does not want.

So what are we arguing about ? OP's wife shuold be truthful , no doubt. But her husband being on H1 or a PERM filed does not make it any more deniable than if she would have gone for interview without these two factors.

[Guest Noah Lotte]

the OP wrote..'the I 140 is on the way...'...doesn't sound like he's returning anytime soon....and trying to play word games with a VO is sure route to a denial...or, at the very least, a very prolonged interview that could last for days or weeks, as questions are asked, evasive answers given, and then the VO starts asking for all sorts of things to either add or (more likely) subtract from the credibility of the applicant. People don't pursue a PERM process unless they have the intention to stay put in the US...few HIB holders pack up and return to their own country....

[omshiv]

the OP wrote..'the I 140 is on the way...'...doesn't sound like he's returning anytime soon....and trying to play word games with a VO is sure route to a denial...or, at the very least, a very prolonged interview that could last for days or weeks, as questions are asked, evasive answers given, and then the VO starts asking for all sorts of things to either add or (more likely) subtract from the credibility of the applicant. People don't pursue a PERM process unless they have the intention to stay put in the US...few HIB holders pack up and return to their own country....

Noah Lotte....can you pls not make the font Italics...its lil difficult to read. Thanks.

[chakrakr]

People don't pursue a PERM process unless they have the intention to stay put in the US...

Do you even know what you are talking ? I know you do not know about other countries in the world but I expected you to know about US at least.

PERM is initiated by Employer NOT by the H1 Employee. Your cohort t75 routinely says that an Employees involvement in PERM process is illegal. If a PERM is filed electronically (which is the norm), the Employee need nto even know about it.

Second, a PERM is filed at DOL , not CIS. It is unlikely VO access it.

Third , 140 is on the way is a company internal matter. It has not reached CIS yet and so CIS or VO DOES NOT have any record of 140.

Fourth, CIS has already approved F1 . Do you think they are fools , or they do not follow law ?

Finally, you are NOT the VO. VOs are generally more reasonable and rational than you

And again, no body is asking OP's wife to give evasive answers. She should be truthful but should not have any problem.

[Guest Noah Lotte]

How do you know what information a VO has at his/her fingertips? You don't. USCIS approves paperwork; they don't interview applicants prior to approving a COS or AOS...(you didn't know that either)...