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Wife applying for F1, while husband on F1 Opt and H1B pending.

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Posted by simpleminded (10) 19 May 2015#1
Hi folks,

Here is the situation:
I graduated in Dec 2014 in the USA and got married in India. After that I started working for a company in US on F1-Opt and my wife applied to Universities from India to pursue MS. My company has filed my H1B petition and I have not received any update from the company lawyers (my hopes are low of getting an H1B as I think it's too late). In the meantime my wife got admits from reputed state universities in the US. Now she is scheduling her visa interview for her F1 visa.

Questions:
1. Can anyone in a similar situation or someone who knows more about this tell me more about the chances of my wife getting a visa?
2. Does the fact that I am in USA affect her chances of getting a visa?
3. If the VO my wife what is your husband's visa status, should she say that he is on F1 visa on OPT or she should also include the fact that my company has applied for my H1B and we are awaiting the result.

Any help, tips, experiences are appreciated. Thank you.
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Posted by simpleminded (10) 20 May 2015#2
to :

Thank you for your response. To comment on your first response she is in India. She has never applied for any dependent visa whatsoever. This will be her first visa attempt. What are your opinions about that?
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Posted by SpartyOn (31) 20 May 2015#3
to simpleminded:

Your wife should simply say that you are on F-1 OPT and both you and her plan to move back to India after her course and your OPT period is over. She could say you both want to start a business together in India in your field (if they match) or say both of you prefer being with family and coming back to India for various job opportunities. Don't mention H-1B.
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Posted by simpleminded (10) 20 May 2015#4
to SpartyOn:

Here is the script that is going on in my mind about this:
VO: What is your husband's visa status
Wife: He is on F1 Opt (like a lawyer only say what you are asked)
VO checks his computer and finds out through USCIS records that my company applied for my H1B and it's pending.
VO: politely we deny your visa

Alternate Version:
VO: what is your husbands visa status
Wife: He is currently on F1 OPT, his company has applied for his H1B but he will not be continuing past his OPT as he wants to come back to take care of his family business
VO might feel that she is honest or VO will feel that it's bullshit and hence denied.

Any thoughts?
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Posted by SpartyOn (31) 20 May 2015#5
to simpleminded:

1.) Remember you didn't apply for the H-1B, your company did.
2.) You most likely haven't been selected (since you have not heard anything about a receipt yet), so the VO doesn't know your company applied for H-1B. They don't have omniscience.
3.) What is your status as of now? F-1 OPT Period!!

Don't over think it.
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Posted by SpartyOn (31) 20 May 2015#6
to SpartyOn:

The only way for the VO to know about the H petition is if you were selected and your change of status is pending.

USCIS only does data entry for selected petitions.

Besides, even if for some reason they have that info, your wife is just answering to the point and not lying.
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Posted by simpleminded (10) 20 May 2015#7
to SpartyOn:

I see your point. Thanks. Others having more insight feel free to contribute. Hope I can (s)party soon. Sorry had to do it :)
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Posted by SpartyOn (31) 20 May 2015#8
to simpleminded:

Haha! :)

Good luck to you and your wife. IMO, if she is smart and has a good admit, it will be a breeze!
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Posted by simpleminded (10) 20 May 2015#9
to :

Understood. Thank you for your help. Appreciate it.
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Posted by simpleminded (10) 23 May 2015#10
to simpleminded:

My wife's interview went well. She got her F1 visa. Thanks guys.
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Posted by abc123456 (4) 25 Aug 2015#11
to simpleminded:

Can you please share the interview experience.. with the questions & answers...
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Posted by simpleminded (10) 25 Aug 2015#12
to abc123456:

It was a breeze. While filling up the form for the visa appointment she did mention the fact that her husband (me) is in USA working on F1 and we were sure that VO will ask her about it but he didn't.

Here are the questions:
1. Why do you want to go to USA
2. Why this University and program
3. How will you pay for it.

That's it. It lasted for less than 2 minutes. All the best.
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Posted by abc123456 (4) 26 Aug 2015#13
to simpleminded:

That's great. Thanks for the reply.

I'm also travelling in the same boat. My wife is working on H1-B. I'm planning to apply for F1-VISA from INDIA. I'm little bit worried how they will take my case.
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Posted by JoeF18 (2262) 27 Aug 2015#14
to simpleminded:

Congrats.
The important thing is the "why this university and program."
If it is a decent university (preferably public) which is well-known, then there aren't many problems.
Problems happen when people sign up with unknown universities, some of which are shady (e.g., fraud institutions that people only choose because of CPT, which is abuse.)
Also showing passion for the field of study helps. Knowing about the university, about the professors and their research there, is important. That shows that the person is really going to study and not just use this as a way to get into the US.
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Posted by sharmilavarun (1) 21 Jan 2016#15
Hi my husband got his F1 visa this spring 2016. I am planning for fall 2016 for different university.Will there be any problem that if visa officer deny that husband is also in USA on F1.
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Posted by prajks (2) 24 Apr 2017#16
to simpleminded:

to simpleminded:

I am applying for F1 visa interview now while my wife is on F1 OPT. In this case, can you please tell me what would be the best answer for the second question you highlighted "Why this University and program?" . Also, please let me know what was your wife's answer.

My concern is whether I should say that one of the reason to choose this university is my wife works in that state.

Please let me know on this. Thanks in advance.
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Posted by h1bisgreat (150) 24 Apr 2017#17
to prajks:

Good number of H1s are now getting back to Public Universities and applying for Masters, a changing trend.
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Posted by prajks (2) 25 Apr 2017#18
to h1bisgreat:

to h1bisgreat:

I understand but with respect to my case,Are you trying to tell they will see me as a H1 applicant?. Anyway,I didn't apply for H1.
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Posted by YThisColavari (34) 25 Apr 2017#19
to simpleminded:

1 . Yes , my sister in law was in similar situation but managed to enter USA on F1. Your wife's chances are positive as well.

2. No if you show her parents as sponsors of her education . As long as she can show sufficient financial liquidity , you already being in USA will only give consulate official extra incentive to grant her a visa.

3. Just say F1 visa on OPT . Simple rule for visa interview is tell only whats asked of and never lie.


Good luck with every thing !
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Posted by Sethupati (1) 15 Apr 2018#20
Hello folks, Iam on f1 stem opt, applied H1b this year and I got married in feb, my wife applying for f1visa. What she needs to mention about my visa status to Vo? Her parents are sponsoring for her education. Can she mention her parents as sponsors ?

She got f1 relecjected last year December. What are the chance of getting f1visa?

Appreciate if you could help .
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