Spouse Visa, Urgent!

[WS123 0]

Haha couldnt agree more on the Las Vegas..

Thats true. But if she comes on the B, gets married, and goes back, that wont be an issue right?

[Boiler 45,497]

Correct.

[WS123 0]

Thank you so mucj Boiler. One more thing. So if she goes back, should she just wait until she can apply for H4 or should se proceed with applying for F2 in the meanwhile. Because my concern is that if she waits to apply for the H4 then the visa officer might say that the marriage certificate is dated for way earlier then why did she wait to apply for the dependent visa

[Boiler 45,497]

You can only get a Visa out of the US, F cos to H would mean should she need to leave she would have the hassle of getting a H to come back.

Both are non immigrant.

All seems to depend on you coming up in the Lottery.

[WS123 0]

Boiler,

I did not get what you said. Can you please explain what you mean?

[Boiler 45,497]

You can not obtain a visa in the US.

You can change status, there are exception, but not seemingly applicable in your case.

If you change status and leave you need a visa to get back in.

[jan22 3,054]

Thank you so mucj Boiler. One more thing. So if she goes back, should she just wait until she can apply for H4 or should se proceed with applying for F2 in the meanwhile. Because my concern is that if she waits to apply for the H4 then the visa officer might say that the marriage certificate is dated for way earlier then why did she wait to apply for the dependent visa

Doesn't matter that the marriage occured months before the H4 was applied for. No matter when you marry, she cannot apply for the H4 until you are in H1 status, i.e., after Oct. 1. Visa officers know this and it will have absolutely no bearing on her case.

[WS123 0]

Boiler and Jan22,

So, she should just come here on B, get married, and go back and wait until October to apply for H4 since there is no probably no likelihood of her using the F2 even if she applies for it?

[Boiler 45,497]

I would put it the other way around.

You get married you are here on a F she should be able to get a F.

H depends on the lottery.

[jan22 3,054]

I would put it the other way around.

You get married you are here on a F she should be able to get a F.

H depends on the lottery.

If he is almost at the end of his F1 status (will already be doing OPT at the time of the marrige), there is no guarantee she will be approved for the F2. Plus, earlier, he indicated that she would not use the F2 to enter the US to live with him -- there are no plans for her to enter as his derivative until he has the H1. If there is no plan to use the F2, there is no reason to apply for it...she would likely be unable to explain why she needs it and it would look like they were using it as a back-up plan to let her enter the US to stay with him if he decides to stay in the US if he doesn't get H1 approval. Edited April 13, 2016 by jan22

[WS123 0]

Boiler and Jan22,

Yes. It is because she will not be able to come live with me until I go back for the relevant ceremonies. Therefore, I was wondering that I should wait for the lottery result. As in even if we get married before the lottery result is out, she would have waited to apply for the dependent result until after that. If I make it to the lottery, I was going to make her apply for the H4 directly (in October), and if I do not make it to the lottery, I was going to ask her to apply for the F2 because then F2 would be the only way to bring her here and live together. I hope this makes sense?

[Boiler 45,497]

Makes sense to me.

[WS123 0]

One more question. If she applies for H4 in October, provided I make it to the lottery, and I apply for my stamp in December when I go back, do you think that might be a problem? If visa officer asks her why is she applying alone and all?

[jan22 3,054]

One more question. If she applies for H4 in October, provided I make it to the lottery, and I apply for my stamp in December when I go back, do you think that might be a problem? If visa officer asks her why is she applying alone and all?

Happns all the time. She would just need to present proof of your mariage and your H1 status.

[WS123 0]

So, what documents do you suggest would be needed to make the case strong and avoid the rejection?

Also, will she have to wait until October 1st to apply for the H4 since that is when my visa would be effective or can she apply it before that too once the H1-B would be approved?