H-4 stamping risk-Help

visahelp76

New Member
Hello,
I want to find out possible risk for my H-4 stamping
-I was on H-1 visa from Oct 99 till April 02,After that I filed an application with INS for change of status from H-1 to F-1.It got approved in June 02.
-I had to go to India in July 02,but my F-1 stamping was denied at New Delhi US Consulate
-I am still in Delhi and now getting soon married to my long time girlfriend in Dec 02.
-I want to apply for H-4 visa now but I am concerned that with my previous F-1 rejection and already 3 yrs on H-1 visa, my application might be perceived as an immigrant stay.I want to be with my fiance/wife and it is getting frustrating with these visa complications.
-Can some one please advice what is the best option for me or what can I do to make my H-4 application strong.

Thanks
-san.
 
Whatever you do, you cannot erase the immigrant intent postures from your past.
You cannot give a promise that you will not change to h1 after coming into US, nor will the visa officer believe you.
You can only hope to get the H4.
A letter from your fiancee's employer, paystubs, your ties to India etc. might help swinging the visa officer to your side.
 
Thanks for your very informative reply jaxen.
-Looks like H-4 is the riskiest of all options.
--So based on your comments,it would seem fit if I wait for couple more months and hope that I find a employer willing to sponsor H-1 and then go for H-1 stamping only.(An option I am certainly not looking forward to.)
--Try for F-1 again with more documentation(I have three admissions but after one rejection,not sure if I want to try again.)
bottom line is,I do want to be with my fiancee whichever way is possible.

Thanks again for your help
-sanket.
 
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