Q: I am on F1, doing my CPT in NJ. My university is in IA and I'm also taking Distance Education courses offered by my uni.
Before moving to NJ, I was in Illinois, doing my CPT in a company. I had to resign from there and come to NJ for another job offer under CPT. This is because, I applied F2 for my wife while I was in IL but it got rejected during wife's visa interview for us being first cousins. So, I searched and found NJ is one of the states where this is legal.
Now my question is, as I have already moved to another state now, am I good to re-apply F2 for my wife or not? Secondly, the earlier rejection does have to do anything with the State where my university is i.e Iowa? Thirdly what other option would you suggest if not F2?
Thanks!
A:
Regarding your situation of reapplying for an F2 visa for your wife, your relocation to New Jersey and the legality of your marital status in that state can indeed be relevant factors. Each state has its own laws regarding marriage, and if New Jersey recognizes your marriage, this could potentially address the issue that led to the initial visa rejection.
The previous rejection in Illinois might have been influenced by state laws there, but it's important to understand that U.S. visa decisions are made based on federal law. The state where your university is located, in this case, Iowa, typically does not directly impact the decision for an F2 visa application. Visa decisions are more focused on your status as a student and the legitimacy of your marital relationship under U.S. federal law.
When reapplying, it's crucial to clearly address the reasons for the previous denial in your wife's application. Ensure that all documentation is thorough and accurately reflects your current circumstances in New Jersey. If you encounter difficulties or have concerns about the F2 visa process, exploring alternative visa options could be a wise step. Options might include consulting with an immigration attorney for personalized advice or considering other visa categories for which your wife may be eligible.
Each immigration case is unique, so tailoring your approach based on the specifics of your situation and staying informed about the latest immigration policies and regulations will be key in navigating this process.
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