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I am currently living in India. However i was in the USA for a year as a H4 dependant and we had a child there (so the child is an American citizen).

After mentally harassing me, my husband sent us both back to my parents.  I've decided to divorce him but it's complicated since he's still in the USA. As per the lawyer's advice, we've decided to wait for him to consent to mutual divorce.

In the meantime I'm planning to study in the USA and I'm planning to apply for Fall 19. Now due to all these conditions, will my visa be rejected outright? What should I do on my end?

Additional info: Husband's H1B expires this year and there's a 90% chance he doesn't have a GC yet. What will be my chances depending on if he returns or not? Kid is going to school here in India and will remain in my parents care. I've stellar academic records with university ranks, ranks in school and my GRE aggregate is 334 (167 Q, 167 V, 6 AWA). I also have 5 years of work experience in India.

I received positive comments from friends that I won't be rejected but I want to know how to ensure that my visa doesn't get denied.
asked in F1 Visa - OPT by (120 points)

1 Answer

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Your F1 visa should not have any impact on your current H4 situation, nothing to worry.  Your husband's returning US has nothing to do with your F1 visa, so ignore that.

Yes, you have a great profile, you should have less issues with visa stamping...make sure you apply to good schools and get admission.  

If you are passionate about pursuing higher education, go for it...But, as you know, you need to be aware of the facts of H1B lottery and other complexities after your degree to work in US.
answered by (55.2k points)



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