Can I apply for F2 visa as I already have a visit visa

I currently hold a visit visa and I have also travelled to US while my husband was on F1. He is currently working on OPT, so am planning to quit my job and go on F2. But I have few queries regarding this.

  1. Are the chances high that my F2 will get rejected since my husband already completed his masters and working now? Will the US immigration officer assume we are immigrating to US and reject my F2? If my F2 gets rejected, will my visit visa be rejected as well? If not, will I be questioned at US port of entry on why did I plan my travel to US though my F2 got rejected?
  2. Both me and my husband are applying for H1 this year. If at all I get F2, should I return to India to convert my status to H4/H1 ? If I go on a visit visa, I surely need to return to India to change the visa status. Please clarify.
  3. If I plan to go on visit visa, then will the immigration officer in US deny a stay of 6 months for me at a stretch because I have already quit my job and don’t have any strong reason to return to my home country?
  1. There is a higher possibility of F-2 denial once the person has graduated. Still it is worth a shot. Immigration shouldn’t be an issue.

  2. If you are already inside US by the time your H1 is applied then it can be done so using COS. You don’t need to get visa stamped immediately and will be on H1 automatically once it becomes effective. However you should think through all possible scenarios in your case like your husband gets H1 but you don’t, vice versa etc.

  3. Do not use visit visa as they would know that your husband is already in US and just adds another layer of complexity.

Thanks for your prompt response Saurabh! I want to travel to US by this month end nd stay there atleast until I get to know the result of my H1 application. If the chances of F2 getting rejected are high then is it not advisable to travel on a visit visa? Am not sure if they will permit me to enter USA if i go on visit visa after my F2 gets rejected.

You can try F-2 visa, if you really need to travel to US now. If it is denied, it doesn’t impact your future visa stamping for other categories like H-1 and H-4.

In case F-2 is denied, you can still apply for H-1 from outside US. In case your spouse or your’s H-1 gets approved, you can appear for H-4 or H-1 visa stamping.

I am really confused because if in case the F2 gets rejected now, I will have to visit on my visitor visa. As you mentioned earlier, if I am going to visit my husband, it may add another layer of complexity.

I do have many relatives living in the US. Do you think its advisable to tell the Port of Entry authorities that I am here to visit my relatives?

What kind of problems do you foresee for visiting my husband on the visitor’s visa?

Sorry, I thought you had to appear for B-1/2 but you already have it. So the B-1/2 visa stamping is not relevant in your case and only point of contention would be the PoE.

You will be asked about your purpose of visit and they may ask why you are not visiting your spouse on F-2. You can tell them that you only want to visit for short time and hence using it. It will be the officer’s discretion. If asked, do not hide the fact that your husband is in US. In other words do not lie.

Hi Saurabh,

I have a question about F2 visa. So, I decided to apply for the F2 visa was wondering if there would be any issue if I visit USA on F2 while my H1B is under process?

Should not be issue. You can still apply for F-2 while H-1 is pending.