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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87171
Experience:  Private practice in several areas, including immigration
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Hello there, Im currently studying in one of the universities

Resolved Question:

Hello there,

I'm currently studying in one of the universities in the US with a valid F1 visa, valid passport, valid I-20. I'm getting married and my wife will come with me not for studying just to stay with me until I graduate in a year or two. My wife have a F-2 visa "Still in the process of issuing her the visa". What I'm trying to do now is, apply for a leave of absence for the winter semester, go back home to do the wedding and then come back to the US. It seems that I'm unable to do that according to my university international advisor.

So, what I'm planning to do now is to get a visiting visa (b1/b2) to come back to the us using that one and not my f1,f2 visas, for my honey moon and after the semester ends and the new one starts (that's like 2 months and a half) I will attend school.
Is this possible? If I do that should I leave re-enter the US with my and my wifes F1,F2 visas so I can continue studying with no problems ?

Do I have to go home and return again or is it possible to for example leave to Mexico and return at the same day with the F1,F2 visas.

Regards,
iessa
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

On this website, I do not always get to give good news,and I am afraid that this is one of these times. This plan may not be as practical as one wants it to be. Allow me to explain:

1) Your wife's F2 visa is dependent on your F1 visa continuing to be valid. This means that if you drop your F1 for a B2 visa (and you cannot have both at the same time), your wife's F2 visa will also be dropped automatically.

2) Receiving a B2 visa takes 1-3 months depending on the consulate. So you may have to wait all this time to get the B2 visa.

3) Switching between F1 to B2 and back to F1 is not recommended. USCIS keeps a record and at some point, the US Consulate/USCIS is simply going to deny you another visa. Also, there is no guarantee that you will receive another F1 visa if you drop your current program (which looks detrimental to your record).

4) Having said that, it is best to continue on with one's F1 visa if possible. An authorized travel abroad period, in which you stay in contact with school, is the most common vacation period. You may also request a leave of absence for the honey moon, but this has to be worked out with your school's international student office and be reflected in your I-20 (they can help with this).

I am sorry. Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 11 months ago.

I'm not looking for an answer that I'll like, just want to know the rules so I don't break them by mistake. I'll give you the best rating no worries. still have questions though.



Isn't it possible to have both visas (f1 and b2)? I had friends that had both and I don't think it'll be a problem to have them both each is for a total different reason. One for studying and I won't be studying at that time and I'll drop the course in a legal way, so why there will still be a problem. so after dropping the course and returning to the US. Me and my wife will be returning using the B visas.


 


I contacted the US embassy in my country "Qatar" and B visas usually take no more than a 5 buisness days.


 


Also, I'm not dropping my F1 visa it's just I apply for a leave of absence for marriage reasons and they accept and disable my SEVIS which I will re-enable 30 days before I re-enter the US.


 


 


If what I'm trying to do is impossible then I'll change my honey moon plans accordingly and according to what my international advisor says. I still don't know if for example, I leave for absence "with the permission of the school and do the legal papers and all" how long before the beginning of the next semester am I able to return? 30 days ?


 


Sorry for all the questions, it's really hard to get answers on the subject.


 


- iessa


 


 

Expert:  Ely replied 11 months ago.
B,

I'm not looking for an answer that I'll like, just want to know the rules so I don't break them by mistake. I'll give you the best rating no worries. still have questions though.

Thank you for your kind words. And by all means, ask away.

Isn't it possible to have both visas (f1 and b2)?

The answer is no. One cannot hold two visas at the same time. This is not possible. If this has happened, it was human error.

I had friends that had both and I don't think it'll be a problem to have them both each is for a total different reason.

See above. Also, your friends may be confusing the B1/B2 visa with the Visa Waiver Program, which is an entirely different matter. This is common. But my answer stands as is, I am afraid.

I contacted the US embassy in my country "Qatar" and B visas usually take no more than a 5 buisness days.

Okay. Well, this is faster than most, but the rest of my answer stands as is. One cannot have two visas at the same time. Cancelling an F1 will void your wife's F2 possibilities. And being readmitted to F1 again may be problematic.

Also, I'm not dropping my F1 visa it's just I apply for a leave of absence for marriage reasons and they accept and disable my SEVIS which I will re-enable 30 days before I re-enter the US.

Okay, but if you apply for a B2 visa in the meantime, it will void your F1 visa. I promise you. Be careful.

If what I'm trying to do is impossible then I'll change my honey moon plans accordingly and according to what my international advisor says. I still don't know if for example, I leave for absence "with the permission of the school and do the legal papers and all" how long before the beginning of the next semester am I able to return? 30 days ?

This depends on how long your school is willing to "pause" your F1 without voiding it. It all depends on the school, the program, and quite frankly, the adviser's decision, I am afraid. It is subjective. But the best thing is to not pursue a B2 since this will void your F1, and simply go off what amount of time they allow you to take off with a valid F1 that stays valid while you are abroad.

Sorry for all the questions, it's really hard to get answers on the subject.

Hey, no problem!
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 87171
Experience: Private practice in several areas, including immigration
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