B1-B2 Vs F2 for spouse

[bavinash]

Hi,

I am working on OPT with a E-verified company. OPT expires on May 20, 2013

Applied for 17 month OPT extension, employer filed H1B premium.

Getting married in July 2013. Spouse wants to travel to US before 01Oct2013.

That means H4 only after October2013.

Can someone advice on should I go for B1/B2 or F2 for my spouse?

Considering :

B1/B2 to H4(after Oct2013) is a risk.

Getting F2 itself is a next to impossible.

Thanks,

Avinash.

[omshiv]

both of your concerns are true..its better to wait till you get your H1B and then apply for H4.

[Guest Noah Lotte]

wait for the H4...anything else will be a waste of time and money (and any attempt to conceal the true facts could bring on other problems)

[bavinash]

Thanks omshiv & Noah for affirming my concerns. Appreciated.

Always comes to my mind, we are not immigrants/illegal/miscreants, we are law abiding people, there should be some way out of these kind of situations.

[t75]

Unfortunately, many are not inclined to obey the laws and look for "workarounds". You are suffering due to the reactions to others.

There is no harm in applying for F2 and if it is rejected go for H4. F2 would likely be rejected for 214B which does not apply for H4 so the H4 case should not be affected. If it is very important to travel before Oct 1, see an attorney to advise you on the best evidence to present to support the petition.

[bavinash]

Thanks t75.

Makes sense.

[Guest Noah Lotte]

as t75 pointed out, far too many people have 'forgotten' to return as promised or had an amazing 'change of mind' moments after arrival in the US, which the VOs find out about, and thus, unless they are 101% completely convinced that a B2 or F2 applicant will return, they will not dole out a visa in that category. No matter how much the OP says he is 'law abiding' makes no difference....too many people have miraculously become 'law benders' or believed that certain rules did not apply to them...and thus, the small percentage of alleged 'law abiding' types have a difficult time convincing a VO about their bona fides, because most of the stories and excuses told previously are about all the same.

[bavinash]

Noah : Agreed.

Change in circumstances :

Given the recent development of H1B lottery, I have decided to wait till April 30th(premium processing should be decided by then), depending on whether my H1B is approved will go for spouses visa.

If H1B approved : will try for F2.

Otherwise : B1/B2

Any thoughts on this?

[omshiv]

If H1B approved, then try for H4.

dont even try B1/B2 as thats out of question if you are on H1B.

[bavinash]

omshiv :

In case H1B is approved, it will still take her more than 2 months to join me. So thinking of F2 till H4.

In case H1B is not approved, I will be still on F1-OPT-EAD, in that case will consider B1/B2.

Any thoughts?

[catx]

You need to consult with a qualified, experienced immigration attorney regarding your options versus seeking visa 'shopping' advise on a Internet forum. By law, each class of visa is for a specific purpose. It is not about getting whatever visa can get someone into the U.S. and then redo things later. If you are on a F-1 visa (on OPT employment authorization), then a F-2 visa is the correct one for your wife. If you are on a H-1B visa, then a H-4 visa is the correct one for your wife. A B visa is for visiting, which is not your wife's intent nor purpose.

I understand your desire to have your wife join you in the U.S. after your marriage. However, respectfully, you should have factored in your immigration status and plans, as they are a material part of your life, along with family, marriage, etc. As in project management, failing to plan is planning to fail.