Thanks for your reply sir. But I just got graduated on Dec. 12th(Completed M.S.), and my OPT got started on January 5th and I started work from same day fortunately. I din't apply for any H-1 yet, But i want to bring my wife here on F-2. I know chances are minimum but would be quick as per my knowledge. I am going to get married in March and very much hoping that she will get her visa because I have an employment. Can you suggest me something more. I would really welcome your views. Thanks.
Chances are slim to none. She will be denied under INA 214(b) as an intending immigrant. IF it comes down to it, you sould consider begging to have her allowed to be admitted by posting a bond under INA 213 and 221(g), see 8 CFR 221.1.
It's a long shot and would likely also be denied. She would have to convince a Consular Officer to issue a bond request and have an obligor post the bond (along with applicable riders describing conditions of admission) with ICE. If a bond is breached it is forfeited and Removal Proceedings may be commenced. To Appeal a Bond Breach Decision one is submitted and it is decided by USCIS' AAO.
SEE AAO Decisions:
http://www.uscis.gov/portal/site/us...th=/G2+-+Breach+of+Maintenance+of+Status+Bond
See ICE Form I-352 at:
http://www.ice.gov/news/library/forms/
8 CFR 221.1:
http://ecfr.gpoaccess.gov/cgi/t/tex...div8&view=text&node=8:1.0.1.2.22.0.1.1&idno=8
8 CFR 103.6:
http://ecfr.gpoaccess.gov/cgi/t/tex...=div8&view=text&node=8:1.0.1.2.6.0.1.8&idno=8
INA 221 ISSUANCE OF VISAS
(g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212,
or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4) , if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further,
That a visa may be issued to an alien defined in section 101(a)(15) (B) or (F) , if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a) , or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.
