What's the best and legal way to get my spouse from India to US? My background: I am currently on F1 (MS CS), have got a job offer, will be starting in June 2020. TC 100K, Dallas as Software Engineer. Her Background: Working right now in India in Public Health Field after Masters of Public Health degree. We are getting married in Dec 2020, and I am planning to get her in US in Jan 2021. Which way can I get her to US to stay with me? She wants to work and I support her decision. So we are aware that she needs to study here in the US ( we are planning for fall 2021 intake). I know of following ways: 1) dependent on my F1 (OPT) from Jan to July, then convert it to her independent F1 after she gets admitted to university. 2) Tourist Visa first from Jan to July, and then convert to F1 after she gets admit. 3) don't come in January. Wait till August and directly come on F1 visa. Which one is better? Note, I do not have an H1B right now. Please guide me. I would have some follow up questions as well. This would help me plan my life in US! Any Help is really appreciated!
F1 dependent visa is intended to be used this way. What's the issue?
F-2 (dependent to F-1) is the least risky method. There’s practically no chance for her application to be rejected, as long as your status and financials are in order. The downside is that it can take 6-9 months to do change of status from F-2 to F-1 in USA. Applying directly as F-1 subjects her to scrutiny, and there’s a real chance of rejection. However, if she’s approved then the F-1 visa is available right away after the interview. No need to wait for months. Coming as a tourist then changing to F-1 is not recommended. Even before this president changing status from tourist to student was very hard. It’s not smart to risk it today.
Hey, thanks for such and elaborate response. I was wondering you said, 6-9 months for status change from F2 to F1 is US. What about if we go back to India for status change? Is that an option as well
Status change is a CIS procedure that can only be done while she’s in USA. If she’s in India, then she must apply for a visa.
F1 dependant is the right way to do it. But i have seen some rejects when one is on F1 OPT as taking ur spouse after marriage is seen as immigration intent If you have a job offer, apply H1 in April, if you get thru lottery, you can have ur H1 stamp in October and get her H4
There is another option too, if you are lucky to get H1B this year, you can ask your employer to initiate perm process asap. So when your wife comes next year on H4, she can apply for H4 EAD( subject to you getting i140 by then) and she can start working. No need to go with F1 path
Only one answer really - F2A to F1
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I am on same page bro
So what you planning? Have you talked around, which is a good way?
Getting her on F1. She is ready for Ms now