Visa Application for husband (Important)

[pavsu]

Hi,

 

I'm currently a student studying at California State University pursuing my masters in Computer Sciences.  My husband has applied for a dependent visa twice and got rejected. I'm on F1 and he applied for F2 which got rejected. The reason that the counselors gave for rejection was that I'm still studying and it will be difficult for me to financially support my husband and support myself. I will be finishing my masters in another six months and I would like my husband to join me here in USA. The question is on which visa should he be here?

1)  Should he apply F2 again? He already got it rejected twice, so will it be a nice option to .

apply again since the rejection rate might be high?

2) Should he apply for H1 visa from India and go for stamping here? If he does that we know that we will get the approval from USCIS but when he goes for stamping here in India again we are not sure if he will get it stamped or not since the rejection is high.

3) Should I apply for H1 in 2014 and wait for the approval and then apply for his H4? 

4) Should he apply for F1 to be here?

 

These are the few options that we have thought of but we do not know what are the loop holes in each scenario.

For example : He applies for H1 from India and he gets it approved but when he goes for stamping it gets rejected then obviously the next option we have is I apply for H1 simultaneously and wait for my approval and apply for his H4. But, the question is since his H1 already got rejected, when I apply for his H4, will his H1 rejection be a problem in H4 approval.

 

We are quite not sure what to do and what to apply since we can think of only the small loop holes and I request you to please guide us in the best way to go through his visa processing so that he comes to USA clean without any problem. We do not want to apply multiple visa and get rejected one after the another.

 

Request you to help us out and guide us.

[jairichi]

 

Hi,

 

I'm currently a student studying at California State University pursuing my masters in Computer Sciences.  My husband has applied for a dependent visa twice and got rejected. I'm on F1 and he applied for F2 which got rejected. The reason that the counselors gave for rejection was that I'm still studying and it will be difficult for me to financially support my husband and support myself. I will be finishing my masters in another six months and I would like my husband to join me here in USA. The question is on which visa should he be here?

1)  Should he apply F2 again? He already got it rejected twice, so will it be a nice option to .

apply again since the rejection rate might be high?

2) Should he apply for H1 visa from India and go for stamping here? If he does that we know that we will get the approval from USCIS but when he goes for stamping here in India again we are not sure if he will get it stamped or not since the rejection is high.

3) Should I apply for H1 in 2014 and wait for the approval and then apply for his H4? 

4) Should he apply for F1 to be here?

 

These are the few options that we have thought of but we do not know what are the loop holes in each scenario.

For example : He applies for H1 from India and he gets it approved but when he goes for stamping it gets rejected then obviously the next option we have is I apply for H1 simultaneously and wait for my approval and apply for his H4. But, the question is since his H1 already got rejected, when I apply for his H4, will his H1 rejection be a problem in H4 approval.

 

We are quite not sure what to do and what to apply since we can think of only the small loop holes and I request you to please guide us in the best way to go through his visa processing so that he comes to USA clean without any problem. We do not want to apply multiple visa and get rejected one after the another.

 

Request you to help us out and guide us.

 

What would be your status after 6 months?

1. If your status remains the same and no improvement on your financial status in US do not apply for F2 visa again.

2. If he has an employer willing to apply a cap subject H1B petition in April with a start date in Oct he could take that route. No one can predict chances of approval or denial of petition or visa.

3. That is a good move.

4. Would be a very wrong decision.

 

Talk to a good immigration attorney.

[rohang]

1) You will need to rectify VO concern, VO is right to ask how you will support him financially when you are on limited budget? He might need to show enough funds to support himself during ur f1.

 

2) Applying H1 is not that easy , he will first has to find employer who is ready to file his H1b. In this option too, he wont be able to enter prior to Oct-2014.

 

3) This is possible, still he can only come after you H1b is in effect, i.e. Oct 2014 (in most optimal case).

 

4) He has to apply thru college/Univ.

 

Each has pros/cons rather than loopholes. 

[catx]

First and foremost, you should not be looking for "loop holes" to get around the intent of immigration laws, regulations, and rules.

 

Second, if your financial situation has not changed, then there is little reason to reapply for a F-2 visa for your husband.  If it was determined pursuant to U.S. immigration requirements that your financial resources were not sufficient to support both you and your husband and nothing as changed, then you would get the same rejection.

 

Third, neither you nor your husband can "apply" for a H-1B visa.  A H-1B visa petition can only be filed by a sponsoring employer.  In other words, you and/or your husband would have to find a reputable U.S. employer who is willing to hire you and sponsor you and petition for a H-1B visa.  Further, petition filings for the next fiscal year are at the beginning of April 2014 for work starting in October 2014.

 

Fourth, your husband cannot just apply for a F-1 visa.  A F-1 visa is for studying, and requires that he apply and receive admission to a reputable, accredited U.S. university / college.  Further, your husband would have to demonstrate that he has the required financial resources to support himself, and the two F-2 visa rejections are on both your U.S. immigration files.

[cap-gap]

F2, H1 and H4 applications(and their rejections) are independent of each other and based on the merits of that papplication..

 

How can he apply for H1 visa now? the quota is not open..

 

He can apply for H1 in April that will begin in October..

[t75]

First and foremost, you should not be looking for "loop holes" to get around the intent of immigration laws, regulations, and rules.

 

Second, if your financial situation has not changed, then there is little reason to reapply for a F-2 visa for your husband.  If it was determined pursuant to U.S. immigration requirements that your financial resources were not sufficient to support both you and your husband and nothing as changed, then you would get the same rejection.

 

Third, neither you nor your husband can "apply" for a H-1B visa.  A H-1B visa petition can only be filed by a sponsoring employer.  In other words, you and/or your husband would have to find a reputable U.S. employer who is willing to hire you and sponsor you and petition for a H-1B visa.  Further, petition filings for the next fiscal year are at the beginning of April 2014 for work starting in October 2014.

 

Fourth, your husband cannot just apply for a F-1 visa.  A F-1 visa is for studying, and requires that he apply and receive admission to a reputable, accredited U.S. university / college.  Further, your husband would have to demonstrate that he has the required financial resources to support himself, and the two F-2 visa rejections are on both your U.S. immigration files.

 

Applause for an excellent response.