Applied for F2 Visa for wife but rejected while I am on OPT. Should I wait for my H1B?

Hello,

On 17th Dec 2015 I applied for my wife F2 visa. I am currently on OPT and had a full time job in a big company.

Actually, we were married lawfully in court and therefore we do not any wedding photos. Visa officer was not convinced and was asking for wedding photo. She showed marriage certificate.

My question is should I apply her F2 visa again in January? Or Should I wait for my H1B(considering the fact of H1B selection)? If I wait for H1B then I will not ger her H4 visa until October 2016. Our family is aksing for religious marriage in October 2016, if so then we will have complete wedding photo.

If I wait till October will there be any impact on her visa?What if visa officer will ask her why you have so long after your visa rejection?

Please help me. I am very upset.

You can try for F-2 again, but same query could be raised. However, it’s worth a shot if you guys don’t want to wait until Oct’16.

Think of other ways you can substantiate your marriage. Were you married in an Indian court? Were any photos taken in the court?

Thank you for your comment. We were married in Nagpur high court. We did not take any photo, i think this was a bigger mistake. I can apply her visa F2 visa again but scared what if it rejected again. Will it impact her for H4?

F-2 rejections would not impact H-4 visa. Beside, you guys will have traditional marriage by that time and would have all the necessary documents.

Thank you. One more question, I am planning for her F2 again in Feb or May. Which one will be better?what if VO will ask her why she has waited for that many days after rejection?

There is no cooling-off period. Applying in Feb is more advantageous b/c if visa is approved, she can join you and can be part of your H-1 application.

Thank you. I will apply her visa in Feb. Thank you for our suggestion and comment.