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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109644
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, I have a quick question - I am on valid h1-b visa till

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Hi, I have a quick question -
I am on valid h1-b visa till July 2015. I have recently got engaged and my wedding is scheduled in November 2013. I want to bring my fiancée(wife) i.e. to US after our marriage.
She is currently in India and on F1-Opt status which was expired on August 31st 2013. Her F-1 visa stamping was expired early this year i.e in march 2013.
Can someone suggest me the best approach to bring my wife with me - I.e.
Should I apply for h4 dependent visa? Or
Should she apply for F1 visa extension using her OPT extension?

Please advise,
Subash
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.



You should marry and then she should file the H-4. The H-4 is easier to get and she would not have to show intention to go home to be approved for it. The F-1 has more requirements including the intention to go home after the stay in the U.S.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!
Customer: replied 4 years ago.

Thank you very much for the quick reply.


Are there any chances that US consulate visa officer would ask her questions on her F1 visa status when she will attend for her H4 visa interview? Any chances of denial or pending status due to her current visa status?If so what would be the best approach?

Why? Did she commit some fraud in regards XXXXX XXXXX F-1 status?
Customer: replied 4 years ago.

No, she didn't. I was just being curious as she will be changing her status from f1 to h4.


 

Then I do not see the issue. If there was no fraud or any problems with her previous F-1 status, yes, they can ask questions of her, but I don't see the point if nothing was done wrong with that status. They aren't going to waste time where there are no irregularities. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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