An attorney has to first understand the case to advise you - how long your spouse has been in the U.S.?, what are his/her job prospects in the near future? What is your profile? Does it appear to the Officer you will likely seek a job and stay, etc?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
In this situation, your spouse is not going to get an F-2 visa, unfortunately. The only way a visa will be granted will be an H-4 dependent or a green card as a dependent.
Even waiting for a year or more will not change anything: your spouse will simply not get approved for F-2 visa, unless the INA 214(b) issues that led to the 2 prior denials can be successfully addressed - I am afraid that may no longer be possible.
Spouse could possibly qualify for some other type of visa, possibly H-1B - but there too, even though allows for "dual intent", the consular officers could still find a "good enough reason" to deny again. Once on that "black list"..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 24 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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