F1 or H4. Which is better?

[venned]

Hi All,

 

Scenario:

 

1) I am working as a full-time employee on H1B visa.

2) I am getting married in June 2014.

3) My fiance has currently applied for MS in United States and will probably get her I-20s in March 2014.

4) My fiance is planning to do her MS starting Fall 2014.

 

Questions:

 

1) If she attends her F1 B visa interview before our marriage and by any chnace it gets rejected, Can I bring her on H4?

2) If she attends her F1 B visa interview after marriage, will there be any issue if she mentions that I am on H1 in US?

3) Whats the best way to deal with this situation as she wants to peruse her further studies and I too want to support.

 

Please suggest.

[jairichi]

Hi All,

 

Scenario:

 

1) I am working as a full-time employee on H1B visa.

2) I am getting married in June 2014.

3) My fiance has currently applied for MS in United States and will probably get her I-20s in March 2014.

4) My fiance is planning to do her MS starting Fall 2014.

 

Questions:

 

1) If she attends her F1 B visa interview before our marriage and by any chnace it gets rejected, Can I bring her on H4?

2) If she attends her F1 B visa interview after marriage, will there be any issue if she mentions that I am on H1 in US?

3) Whats the best way to deal with this situation as she wants to peruse her further studies and I too want to support.

 

Please suggest.

1. Yes.

2. No.

3. F1 as it will give her an opportunity to get OPT after completion of studies.

[t75]

She has to disclose your status.

[MikuIyer]

1) If she attends her F1 visa interview wedding and if it gets rejected, she needs to go again for H4 visa interview to enter US.

2) If she attends her F1 visa interview after marriage, most likely your H1B status question might be asked by the interviewer. I know of some cases in which visa is given and few cases in which visa is rejected. Need to take chance !

3) She can enter US on H4. Immediately apply for change of status to F1 by mail to USCIS. It will take approximately 3 months for this processing. The catch in this is - next time she visits India, she has to go for F1 visa interview. 

[venned]

Hi All,

 

Thank you very much for your replies.