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I am planing to apply for F1 visa since I got my I-20 today. My spouse and child will apply for F2 (They got their I-20s too). However, my spouse is Syrian (My child and I are not).

Although my spouse's nationality is on the US ban, I have read that if one has a relative(such as a husband in her case) in the US, the ban does not apply.

My questions are:

While we are applying together and at the moment of applying I won't be technicality in the US. Will this deny her from getting the F2 visa?

Is it better that I go first and after I land in US and do all the required papers there then she apply? (This option is very tough for us)

What is the chance that her F2 get approved if we apply together?

Some useful information:

  • W know each other since more than 7 years.
  • We got married 2 years ago.
  • We have 1 year old baby
  • My I20 was given based on full scholarship(graduate research assistantships). I have very strong supporting letter from the dean of the faculty.
  • I have established job with a good salary and a good evidence that I will return back after my course finish.
  • We have all the documents that prove our marriage date including even the weeding photos (I read somewhere that they may ask for it!)
  • We are applying in Istanbul,Turkey.
  • To improve your chances, you may want to replace your weeding photos with your wedding photos. :-) – zipirovich Jul 17 '17 at 18:09
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According to this Department of State cable with instructions on implementing the travel ban, the exemption based on bona fide relationship to an entity in the US applies to all nonimmigrant visa classifications other than B, C-1, D, I, or K, and includes derivatives of those classifications too. See within item 10.a:

Note: If you determine an applicant has established eligibility for a nonimmigrant visa in a classification other than a B, C-1, D, I, or K visa, then the applicant is exempt from the E.O., as their bona fide relationship to a person or entity is inherent in the visa classification. Eligible derivatives of these classifications are also exempt.

So your spouse who qualifies for an F-2 visa should be exempt from the ban, since it is a derivative of F-1 classification.

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