[net.nlang.india] visas for spouses

sankar@Shasta.ARPA (07/24/85)

This is a reply to all the visa questions that have been posted over the
last month.  Regarding the difficulty of getting F-1 visas for students:
I had opportunity, when I was in India last month, to experience the
situation on one particular day at the embassy.  That day visas were being
refused.  However, this is the season for a large number of F-1 visas to
be issued, and we will all know the latest situation in a month or two when
students start coming in.  Usually, they are looking for convincing
arguments that one will return to India.  However, from my experience, I
have noted that there are periods when visas are issued to nearly everybody,
and there are periods when very few get visas.  And the situation varies
quite rapidly.  I believe that in May-June 1981, it was very difficult to
get visas, but in July-August, it became very easy.  Having siblings or
parents in the US usually is not good.  Also all financial support must be
either from the University or from ones family in India.

Incidentally, I had an experience during this trip to India which I think is
worth sharing with all the other F-1 visa holders.  When one leaves the US,
they have to take with them an I-20 form from the University.  If their
already existing I-20 is LESS than an year old, then a stamp is placed on
that by the school, otherwise, a new I-20 has to be issued.  The age of the
I-20 is counted from the time it was issued to the date of re-entry to the
US.  Even if the I-20 is less that an year old, a new one can be issued.  If
an old I-20 is being used, then it has already been used for a previous
entry into the US.  On the first entry with an I-20, the immigration
officals take away the first page and give you the rest, which is what you
get stamped for subsequent use.  This is what I did -- used an old I-20,
since my last trip to India was only around 10 months ago.  The immigration
officials in New York said that the I-20 was faulty since it did not have
the first page and they claimed that Stanford had screwed up.  Back at
Stanford, the Stanford International Centre claims that New York screwed up.
Anyway, its I that ends up suffering, and I am reasonably sure that its New
York that screwed up.  This has happened to other friends of mine, and
actually, I do not know of anyone who has entered with an already used I-20
who has not had this problem.  So I recommend that one always uses a fresh
I-20.

Back to the visa questions for spouses:
Getting an F-2:
Yes, I too have heard of problems, but I think there are many success
stories that we never hear of.  Also those being rejected always fall into
one of the following categories: (a) They are close to graduation(as
specified by the I-20) and so the consulate people do not feel the need for
the spouse to go to the US for so short a time.  They see a potential
immigrant is such cases.  (b) The student does not have sufficient finances
to support his/her spouse and the extra money is either from loans in the US
or from India.(if the extra money was the students own savings, then there
would be no problem).  (c) Proper documents are not submitted.  When
applying for a student visa, no documents are asked for except the passport
and the I-20.  However, while applying for the F-2 visa, I believe they also
insist on proper birth certificates of both husband and wife, and also
proper marriage certificates.  Matriculation certificate is not sufficient
for a birth certificate, and also marriage certificate has to satisfy some
requirements.  Usually, while applying for an F-2 visa, many people are sent
back once or twice since they do not have the necessary documents.  And
India, depending on where one is born, getting a birth certificate can take
quite a while.

I would be interested in knowing cases where F-2 visas have been rejected to
people who do not fall into any of the above categories.  Also, I would be
interested in hearing of success stories also.  I am sure there are many
others who have such concerns, so it will be best to continue this
discussion on the net.

Converting F-2 to F-1 and vice versa is quite routine, except that INS does
not like people switching between the two visas a lot.

Joint sponsorship is common, and I know of one case where the wife is still
in India.  In this case, the husband has been given an H-1 visa, and the
wife is eligible for an H-4 visa.  Only getting an H-4 from India is more
difficult than getting an F-2.  However, I think she will be getting her H-4
shortly.  Even if she does not get an H-4, she will still get a green card
along with her husband.

Sriram.