H4 to F1 - RFE received

[a13920]

Case details:

• Principal applicant on H1B visa
• Wife (then fiancé) applied for an American univ. in Oct 2013
• Married in March 2014
• Husband returns to US in March and wife applies for H4 in April so that she can accompany husband before she starts school in June because on F1 students are allowed entry into US not more than 1 week before their classes start.  
• Wife starts college in June on H4
• H4 scheduled to expire end of August no extension applied for wife
• Wife applied for I-539 COS from H4 to F1 in August
• Received RFE in October 2014

 

RFE - Evidence requested:

1. Submit documentary evidence to show that you had an undergraduate degree and had satisfied the admission requirements prior to enrolling for a Master’s degree program in Computer Science at XXXX Univ.; evidence may include, but is not limited to, diploma and official transcripts

2. Provide a copy of XXXX Univ.'s brochure regarding your program of study, including details on pre-requisite education

3. Provide documentary evidence that establishes the date when you initially applied for admission to the school listed on Form SEVIS I-20

4. Provide a list of all the addresses you resided in the United States with exact “From” and “To” dates.  Submit proof for all residential addresses in the United States, including, but not limited to, photocopies of complete bank statements, telephone bills, utility bills, lease agreement, and mail correspondences from school.  Provide proof of current address and telephone number

5. Submit copies of documents and translations of proof of residence in the country to which you plan to return after completing the program including but is not limited to photocopies of property deed, mortgage statements, lease or rental agreement, utilities bills etc.

 

My Questions:

 

No. 1, 2, and 4 are easy to satisfy

 

However no. 3 is the trickiest:  The date on I-20 for "applied for admission date" is Oct 2013, this raises a red flag for them that if my wife had plans to study why did she apply for H4 visa.  

My argument here is that, F1 does not allow entry to united states prior to 1 week before the classes starts.  However in husbands traditional customs it is recommended that husband and wife stay together after marriage, therefore H4 was applied so that wife could arrive in US prior to attending college.  I believe this is a genuine reason why she applied for H4 and then F1, no-where is it informed by the USCIS that it is illegal for a person to apply for H4 and then change to F1 within few months.  The intention was not to misguide anyone, but to arrive in US earlier due to F1 visa limitation.  I would like to hear your thought on this.

 

No. 5 requests for proofs in home country, my question is does parents property count? lease and utility bill on wife's name is out of the question, who would come to US on H4 and still pay lease and utilities in their home country? Anyways, please any help or ideas are appreciated. 

 

I know this community is very helpful, Thanks to anyone who responds.  Thank You!

[volverine_27]

Hi -

 

My wife also started her MS on H-4 and then later we converted to F1. For question 3, you can always say that we now need F1 because she wants to avail the OPT option to gain experience in the field of study. Also, I would recommend you to do some diligent search on what all documents are required for F-1 visa application and compare to what you sent. Please check with your wife's college International Students Office as well regarding the documents.

 

For question 5: Show that she has ancestral property and also that her parents are dependent on her. Get an affidavit signed by her parents or a copy of "Will" that shows her as a nominee.

 

Let me know how it goes. 

[a13920]

Hi -

 

My wife also started her MS on H-4 and then later we converted to F1. For question 3, you can always say that we now need F1 because she wants to avail the OPT option to gain experience in the field of study. Also, I would recommend you to do some diligent search on what all documents are required for F-1 visa application and compare to what you sent. Please check with your wife's college International Students Office as well regarding the documents.

 

For question 5: Show that she has ancestral property and also that her parents are dependent on her. Get an affidavit signed by her parents or a copy of "Will" that shows her as a nominee.

 

Let me know how it goes. 

  

 

Thanks for your suggestions, I appreciate it.  I am consulting a Murthy lawyer tomorrow, let's see what their suggested course of resolution is.

[JoeF]

 

Husband returns to US in March and wife applies for H4 in April so that she can accompany husband before she starts school in June because on F1 students are allowed entry into US not more than 1 week before their classes start.  

 

Where did you get that from???

A person can enter on F1 up to one month before classes start.

If you guys had educated yourself about these things instead of listening to some rumor, you may have avoided all the issues...

[yakkoo86]

A13920,

 

How long did it take for you to get a response from USCIS on your application ?

[a13920]

A13920,

 

How long did it take for you to get a response from USCIS on your application ?

 

 

It took 46 days.

[a13920]

Hi -

 

My wife also started her MS on H-4 and then later we converted to F1. For question 3, you can always say that we now need F1 because she wants to avail the OPT option to gain experience in the field of study. Also, I would recommend you to do some diligent search on what all documents are required for F-1 visa application and compare to what you sent. Please check with your wife's college International Students Office as well regarding the documents.

 

For question 5: Show that she has ancestral property and also that her parents are dependent on her. Get an affidavit signed by her parents or a copy of "Will" that shows her as a nominee.

 

Let me know how it goes. 

 

Hi Volverine, how can I get in touch with you? I would really appreciate your help regarding what you did for no. 5.  I consulted Murthy lawyers earlier this evening and the attorney sounded clueless as to how'd they handle the scenario.

[a13920]

Good news, H4 to F1 Change of Status RFE was cleared and F1 status approved. 

 

Next challenge stamping (approved F1 after COS from H4).  Uncle Sam always keeps us (legal aliens) on your toes in the States :)