Husband H4 to F1 from India, Wife on H1B

[DivyaSharma0408 0]

Hi,

 

My husband has an expired H4 visa and he is working in India. He visited me 2 times for 3 months and 5 months on an H4 visa.

Now, from India, he applied in 2 universities(University of Michigan & Wayna State) and he got accepted in both.

 

Now, he will be appearing for the F1 visa interview in Delhi Consulate.

1) Since he has visited me 2 times, will it raise any question?

2) Can he tell my spouse is sponsoring my education or better to take an education loan?

3) Since I am in Michigan only, and he applied to Universities in Michigan only, is that a problem?

4) His program and University didn't require GRE, he just wrote IELTS. Any issues with this?

 

Thanks,

[designguy 1,179]

Are you a USC? Did he get his H4 through you? Someone actually posted a very similar situation very recently with an H4 to F1 from India and was denied on the grounds of immigrant intent

 

I think this is probably going to be a problem for you as well. An F1 visa is not dual intent and can not be used to immigrate to the US. A consular officer is likely think that your husband is using an F1 as a means to get back to the US

[DivyaSharma0408 0]

Thanks ..

 

Yes he got H4 on my H1b.

 

Is there any way to make the case strong?

[designguy 1,179]

30 minutes ago, DivyaSharma0408 said:

Thanks ..

 

Yes he got H4 on my H1b.

 

Is there any way to make the case strong?

Did you extend your H1B? Its going to be very tough. Getting an F1 is going to seem like circumventing the system

[SusieQQQ 11,586]

50 minutes ago, DivyaSharma0408 said:

Thanks ..

 

Yes he got H4 on my H1b.

 

Is there any way to make the case strong?

There is not anything you can do to change the facts of the case. He can apply and see what they say. Obviously they will ask about you being there. Question, are you “just” on H1B or has an i140 been filed?

In his favor is the fact that Michigan is a very good university and not some visa mill type thing. 

[geowrian 22,337]

Agree with other posters. Immigrant intent will be the biggest factor in getting the visa or not, and there’s no way to address that really...his circumstances are his circumstances. Good luck!

[DivyaSharma0408 0]

No i-140 for me, i m on h1b and this is start of my 3 year.

[SusieQQQ 11,586]

57 minutes ago, DivyaSharma0408 said:

No i-140 for me, i m on h1b and this is start of my 3 year.

Any particular reason he is going for F1 rather than H4?

[carmel34 3,616]

To get approved for an F-1 he will have to convince the officer that he intends to go back to India upon the completion of his studies in the US.  An F-1 is for a temporary stay in the US, then to go back, not to stay and live permanently.  This will be difficult to prove since his spouse lives in the US in the same city or state as the university applied to, and he will be living with you right?  Think about how that will look to the officer reviewing his application.

Edited October 3, 2019 by carmel34