Getting F1 Visa Stamped

C

cguy

Registered Users (C)
Hi,
I'm on an H1B visa and my wife is currently in the US on an H4. She has started school full time (Masters) and has already applied for a change of status (H4 to F1) with the INS. If the change of status request is approved by the INS (ie. my wife moves to the F1 status), how does she get an F1 visa stamped in the passport? Can she go to Canada and do it or will she have to go to our home country India to get the visa stamped. She has an educational loan which covers 100% of her first year tution fees (2nd year loan wil be disbursed next year), good balances plus my salary to show as proof of financial stability. Can she be denied an F1 stamp in India based on the fact that her husband is on an H1 (which is a dual intent visa)?

A reply will be greatly appreciated
 
She can go to Canada to get the F1 stamped. But if they deny the visa, then she has to go to her home country (India) directly and apply for a visa there.

She cannot be denied an F1 based on her husband having H1 visa. She just have to maintain a non-immigrant intent at the time of visa application. If you (not necessarily her) have started the green card process, then it might raise doubts. Of course if she has started the green card process, then it might be very difficult to get the F1 visa.

By the way, she does not need an F1 stamp unless she has to travel out of the country. Just get the F1 status approved, and wait until she needs to travel.
 
Hi,

Thanks a lot for your reply. I have started my GC process, but it is in the labor stage - I guess it should be at least 10 more months before I will get my labor certification. So is it safe for her to go to India while my labor is in process?

If her F1 gets denied, can she apply for an H4 at the consulate and come to the US? Can that get denied because of her F1 denial?

Thanks again,
CGuy
 
Labor certification stage is not the same as filing I-140 (petition for immigrant worker). So I think it will be fine. She can always try for H4 visa and the prior denial (in case F1 is denied) should not matter. She may have to explain that she is no longer interested in pursuing school full time, and is only iinterested in joining her husband.
 
Raj1994,

If I sumitt H4 -> F1 before my spouse file I485 (after I140 approved), and I485 is filed before F1 gets approved, will F1 has chance to get approved? Thanks,

x admin
 
Well, an attorney once told me that it is not possible to have two change of status applications simultaneously. Your H4 to F1 would be one change of status. Hence during that time it is not possible to submit another one (H4 to AOS). The issue is that at the time of filing I-485 you need to maintain some valid status, and it is unclear what that is if you are already trying to change to F1. Not recommended.

When you are ready to file for I-485, just cancel the earlier H4 to F1 application and then submit the I-485. Otherwise you have an immigrant and nonimmigrant intent at the same time. Consult your attorney for more advice.
 
cancel a change of status

Raj1994,

What should I do to cancel a application for change of status (H4 to F1)?

Thanks,

700km
 
Last edited by a moderator:
???????

cguy

If you are on an H1B visa and your wife is currently in the US on an H4 visa, why would she want to change to F1 status?

She can study all she wants with H4 visa, or is she turning 21 soon?
 
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