Hello, I need help. My wife who has been a student in F-1 visa had violated F-1-visa by not enrolling in full time (12 credit hours) for two semesters in Fall 2001 and Spring 2002. Her I-20 has not been renewed and she is not in SEVIS record because her school has not forwarded her status to SEVIS (kind of favor to her from the school). Her school has been doing her favor by letting her to take classes until she graduates. But she has not been taking full course load, she has to go another two semesters to complete the program.

I am also a F-1 student. I am planning to graduate and apply for practical training and H1-visa within a year. However, I am kind of worrried because of my wife's status. I don't know if she is formally out of status (because the school has not updated her profile in SEVIS and she has not been issued new SEVIS generated I-20). I don't know if my wife being "out of status" will have a negative effect on processing of my H1 visa. Please help me how I can fix my wife's case. Please suggest me what should I do.

Jibtma,
Please have a good explanation for your wife being out of status. Financial hardship, healthcondition, kids, political situation, stress relationship with spouse are good excuse. Since she is still going school that might see that as an intention of being in student status. Supporting documents can be helpful in this matter. If this is due to financial hardship she can request for a work permit for one year also. If things were beyond her control then they may consider. I am not sure if your H1 can be affected depends on the officer. If they decide to take an action then they may start to process your wife. Please check with good lawyers they can be big help in this matter.
akatwalifegood@aol.com

Aex, thanks for your suggestions. She had to go through some unavoidable circumstances (credit card debts, pregnancy, death in the family) that have caused delay in her study. The international students office was not supportive to help her and resolve the matter within the school. I don't know if it is good idea to use layer without having positive attitude from the school. Would you please suggest good immigrations layers if you know any of them. I appreciate it.

In my understanding,it doesn't affect your H1b...may need some explanation while applying for her change of status...I would recommend not to apply her change of status before your case gets approved but state that you are married...Once you get your approval,if requires apply for her change of status...then hope,you will all set...

I suggest you should talk to a laywer. Since your wife is already here, the employer sponsoring your H1B might want to do the paper work for both of you at the same time.

Good Luck!

Which area are you in. I think a good lawyer can help to prepare a good case for you.

Do I require to give detail information about my wife (who has been in the US for many years and has violated F-1 visa requirement) when I/my employer file for H1B for myself and her as my dependent?. How likely is a chance for not approving my H1B visa by INS due to the reason that my wife violated the F-1 visa laws and I intend to protect her by filing her case with me. Please share your experience.

If i were in your shoes i would rather file H1 for myself only and let the wife continue her studies. After getting approval then write the letter to immigration explaining the conditions that put her out of taking the full load. or even file her H1 after she graduates. doing this will prove her intentions not to violate immigration law and she did whatever she came here for- which is getting better education in the Us.
my thinking is if you are married: one of the couple has to be solid footed rather trying to get everything done at the same time.
Good Luck!

Jai Hos!

Thank You np2plus for your candid suggestions. Another question, I am planning to visit to Nepal before I graduate for family emergency. However, I am not decided because of my wife's status. My visa has expired but have a valid I-20, so need to apply visa to come back. I was checking the visa application firms where it states that I have to give information about my wife and child since they have been living here. My child is US citizen. My wife is in F-1 but she has not been taking full time courses. How likely will be a chance that I will be rejected for visa to come back to US because of my wife's case of violation of her visa because of the reasons I mentioned in my previous postings. Any thoughts or similar experience? Should I visit Nepal or wait until I get my H1B?