H4 question Please help

R

rock369

Registered Users (C)
Hi all,

My wife was in the US on H4 and she joined school and applied for change of status to F1, which was approved here. In December she wnet back to India for vacation. She went to get her F1 stamped and they refused her saying for F1 she has to prove home country ties and since her husband is in the US they cannot grant her a F1.

Meanwhile I had sent my passport to DC for revalidation as my old H1 stamp had expired. Now I have sent her my I 797, copy of my new H1 visa stamp, paystubs, w2 and employment letter. Are there any potential issues with her getting H4 as a result of her F1 refusal.

Anybody with any ideas, inputs or similar expriences?

Thanks in advance

Rock
 
Yes unfortunately yes. The previous F1 rejection will haunt her for her non immigrant life. Only way to get over this is to get a termination letter from the school. She cheated INS/DOS by not declaring the intent to study in US, which is reason enough to deny all her non immigrant visas.
People in such positions dont go home generally, until getting a AP based on a pending 485
 
Has any 1 esle had similar exprience? I understand Jaxen's comment, but even if I get a termination letter from the unviversity, they can argue that you might join another university. Also I have not heard of a termination from university, if you are not registered for classes it means you are not a student.
 
My wife got her H4 today from bbay, luckily for us, she got a friendly visa officer and he did not ask her much about her F1 refusal.

But this was a scary exprience, its not worth taking the risk, it was a rookie mistake that we made and somehow we got saved, we are not going back even for a visit till we get our GC's.

Thanx Jaxen, though your comment was not encouraging at all, but I would say it did help us in preparing for a worst case scenario during the interview.

PS: As a side note I read lot of posts of Jaxen and TT and I found that they complement each other well, Jaxen is good at playing the devil's advocate and tt is good at giving encouragement. And both are equally helpful and necessary.
 
Just a clarification...

I dont play devil's advocate. I present all the legally and rule(regulations,law whatever you want to call it) wise possible options. I also draw from experience and experience drawn from posts (2+years) in this and other similar forums by others.

You were indeed fortunate to have a liberal officer. I and many others never did. Some had occassional luck. Many didnt.

please dont stereotype me. I am already suffering from branding elsewhere... It is not possible for you to read all my posts and decide about meand my posts.

On another side-side note,wrong advice is never encouraging when you find out that it is wrong... you are a fully grown human being.If only you had understood the implications of all the actions you made ,vis-a-vis immigration laws you wont find yourself in this jeopardy,do you?

No there is no ego involved (at least on my side). I am like guy pierce in memento, I rely on the reading of the notes I made (my replies in this forum, for example, those are my tatoos) rahter then on emotional outbursts and what you said about my post.

I had planned to quit before, but some posts did make me continue. The decision was not emotional, but out of growign responsibility (which has now shrunk my ego)

The only point I want you to take from this post is dont stereotype me - especially, as negative as compared to giving you options.
I will not respond to this thread anymore even if you want to continue the philosophical painting...
good luck
 
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