₦airaland Forum

Hello VO,

First of all, thanks for helping out many US aspirants with this forum.

A year ago, Me(H-1B) and my wife(H-4) have both decided to pursue higher education separately and hence filed change of status(COS) to F-1 accordingly to USCIS while we both were on valid statuses i.e. me filed for H1-B to F-1 status and my wife filed for H-4 to F-1 status.

Note: My H-1B status ended after 20 days of us filing the COS applications to USCIS.

After waiting for 9+ months, my wife's COS application was DENIED stating that - the Principal Applicant(i.e. me) was out of status when she filed her COS application and which is not correct because my COS application was APPROVED by USCIS and I was never out of status.

In her denial letter, it was stated that - my wife has to leave the country immediately since she has accumulated illegal stay for more than 180 days - which isn't her fault as the decision came after 9+ months.

Then we, hired an immigration attorney and filed for Motion to reconsider(MTR) her application with USCIS in a timely manner.
After filing MTR application, she left the country voluntarily. We are stilling waiting for her MTR application response.

So my questions are,
1. Is she eligible for attending a visa interview as a F-2(dependent visa) in her home country since I have my F-1 status approved?
2. Will she get a fair chance before the VO to prove herself that she was never out of status?
3. Or will she be banned from attending any visa in future?
4. What documents does she have to take with her in case they let her for the interview?

Please advise.