QUESTION
Should he apply for F2 visa or he should come back on his 10-year valid tourist visa and get his status changed here in the US from the University?
Asked on Oct 17th, 2012 on Immigration - Michigan
More details to this question:
My husband and I came to USA with a 10-year tourist visa. We changed our status to F1(me) and F2(my husband). I study at the University of Texas at Dallas and recently got our status renewed. My husband misses his parents and wants to go back to India for a month or so to see them.
5 ANSWERS
He can go back but in order to return to the US in F-2 status, he will need to get a new visa at the US Consulate prior to returning. He will need to prove that he has no immigrant intent.
Answered on Oct 23rd, 2012 at 4:49 PM
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If his intention is to return as your dependent and stay here while you are studying, then he should apply for F-2 visa at a US consulate in India before coming back. He cannot use his tourist visa for such purpose.
Answered on Oct 19th, 2012 at 6:27 PM
Rebecca T White
An F-2 would make more sense if he plans to return and stay for any significant length of time.
Answered on Oct 19th, 2012 at 1:10 PM
A few consular officials prefer that an applicant apply for student visa status at the consulate, not in the U. S. They may have concern that a visa applicant planned to become a student and used a B2 visa to somehow circumvent the visa process. This concern may be reasonably challenged where incorrect. Most consular officials will appreciate that you may have changed your mind in the U. S. or were encouraged to file by your educational institution. Ultimately, he will need to get an F2 visa and you will eventually need to get an F1 in order to travel between the U. S. and India. If you remain confused or need further help, then schedule an appointment with a candid, competent and experienced immigration law firm like our office. Good luck.
Answered on Oct 19th, 2012 at 12:49 PM
Your husband is now a F-2 and no longer a B1/B2. He will need a F-2 visa to come back.
Answered on Oct 18th, 2012 at 9:16 PM