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Immigration Issues/Apply for my OPT and F2 for my wife

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Question
Hi Ajay,

I am final year graduate student. I will be graduating 11th of June then going to India. I got married last year. This time I want to apply for my OPT-F1 and F2 for my wife. My F1-visa expired on Sep 2012. I have an offer for postdoc at Dallas. Recently one of my friend went to India for OPT-F1 with a job in hand. He did not have to appear for interview. He only went for fingerprinting and submitted all the documents there. He got his F1-OPT stamping in 5 days. I hope everything will be alright with me.

I am worried about my wife's F2. I have couple of questions for you. She finished her MCA on 2010, then did a job for couple of months. But she was staying at home from the last six months.

1. Do you think I will apply together for opt-F1 and F2? (I am worried about a chance for rejecting both of the Visa)
2. Do you think showing job experience in my wife's CV will create more problem for getting F2-visa?
3. What type of things my wife should not maintain during Visa-interview?

I will appreciate your help and kindness.

Thanks

Answer
Hi Santanu,

You may be eligible for an F1 interview waiver: http://www.ustraveldocs.com/in/in-niv-visarenew.asp but note the special instructions for F1 applicants:

"[i}f I am applying for an F visa, my prior visa in the same classification and same Academic Institution is still valid or expired within the last 48 months.


It makes no difference if both you and your wife apply together, or if you apply first and your wife applies later. Also, your wife having employment experience (or not) is not relevant, as during the interview, if asked, she can state that she is aware that F2 status does not allow employment. F2 visa stamp is almost always issued without any problem based on the fact that the principal F1 spouse is maintaining his or her respective F1 status.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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