Husband on H1, wife needs F1 visa renewal

[oztinite]

Hi all.

My wife is pursuing her PhD on an F1 visa since last 4 years. I am working on an H-1B visa for the last three years (after having completed my Masters on an F1). We got married last year.

Her F-1 visa is going to expire later this year, and she needs 2-3 years more to finish her PhD. Her University has informed her that she can continue to be in legal status with her new I-20 without getting a visa stamped. But we don't like that option since it will constrain her from visiting home or going abroad for any reason.

So, to get her F-1 visa renewed:
- Will the fact of being married to H1 holder affect her application or show an "intent to immigrate" ?
- How can she demonstrate "strong ties to home country" when her spouse is working here on H1 ?
- Finally, will it help that I don't have a GC application filed yet ? The reason is that we *really* intend to go back to our home country after her PhD!!

Thanks in advance for any advice!

 

[gopalmn1965]

Response to your question " Husband on H-1 and wife on F-1"

Hi all.

My wife is pursuing her PhD on an F1 visa since last 4 years. I am working on an H-1B visa for the last three years (after having completed my Masters on an F1). We got married last year.

Her F-1 visa is going to expire later this year, and she needs 2-3 years more to finish her PhD. Her University has informed her that she can continue to be in legal status with her new I-20 without getting a visa stamped. But we don't like that option since it will constrain her from visiting home or going abroad for any reason.

So, to get her F-1 visa renewed:
- Will the fact of being married to H1 holder affect her application or show an "intent to immigrate" ?
- How can she demonstrate "strong ties to home country" when her spouse is working here on H1 ?
- Finally, will it help that I don't have a GC application filed yet ? The reason is that we *really* intend to go back to our home country after her PhD!!

Thanks in advance for any advice!

Hi,
If your wife and you do not intend to stay here , I would recommend she give a sworn affidavit to the consulate saying that you both plan to move back home after completion of her PhD. You could try going to Mexico and try getting her passport stamped. The link below would be useful.
http://www.immihelp.com/visas/mexico.html

Hope this helps.