F-1 and F-2 visa

fkie4 · February 3, 2013

hi, I am planning to come to US to study graduate school...

I have these questions:

1) I have wife and one kid. Lets say i got accepted by some school in US and got my I-20, when i apply for F-1 visa, can I also apply F-2 visa for my wife and kid?

2) when i apply both F-1 and F-2 visa, would US embassy thinks that I am an intention to immigrate and deny my application?

3) if i apply F-1 for myself, and my family stays in Hong Kong... after i graduate and luckily I get a job, I will get a H1-B visa, can they apply for a H2 visa? if it hard to apply?

Darnell · February 7, 2013

1. sure - do it at the same time.

2. absolutely! You've established a pattern of travelling into the USA every 6 months on your prior greencard, for many years. You stopped doing that when your father got ill, then you found a wife in HKG and stayed in HKG instead of following up with your I-90 green card renewal. You've a big pattern , long term, of 'maintaining your card' but in the last iteration of your attempt to 'stay legal' - you not follow up and make the appointment for the renewal. So, you have some other history of failure in addition to history of maintaining your card. The NIV unit will absolutely look at that - but it's still up to them to make the determination on issuing a student visa to someone with your exact pattern and history. They will look at your attempt to get a student visa as just another attempt to get into the USA and stay in the USA.

3. get a job? you mean participate in OPT, right? you're not thinking to beg an employer to flip OPT into an H1-B, are you ? That's just abysmal - why to think it's an option for you?

Those are just my opinions, after reading all of your posts here. Surely someone else can give you other opinions, but you created this problem for yourself and you're thinking you can now come into the USA on a student visa? That's just whack.