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Filed: Timeline
Posted

Hi,

I'm new to forum and hoping to get some thoughts/opinions on my situation.

Currently I'm a H1b holder, and I want to bring my wife here with H4 visa. We have dated for two years and just got married recently. However, I have some concerns about getting her the h4 visa. My wife had a marriage before about 5 years ago to an US citizen. Her petition to remove conditions for her green card was denied due to lack of evidences. Her relationship with the ex was not good at the time which resulted in divorce. She applied for volunteer departure and left the US. Knowing that she has a bad record, I have two questions to ask:

1) would my wife's bad record have any negative impact on the the H4 visa application? Will she need to explain her first marriage in order to get the approval?

2) my boss at my company is thinking to start my green card process next year. Again, what effect will my wife's bad record have on the green card application if my company sponsors me?

I'm appreciate any thoughts and comments.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Yes

It will not affect your application.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted (edited)

Hi boiler,

thank you for your fast reply. I'm assuming your answer is for both my questions. I'm a bit more relieved now. I'm still have some concerns so I hope you or any other commenter can give me some insight.

1) For the h4 visa, you say that my wife previous denial for green card won't affect the application. I thought if you are denied once, they will make it harder to re enter the US. They won't question about her first marriage at all?

2) If my company sponsors me for eb2, why would her previous denial have no effect on our gc application? Is it because I'm the main applicant and she is my dependent?

Since I'm not unfamiliar with the US immigration systems, any explanations for boiler answer would make me feel more relieved. I appreciate every body time to read and answer my post

Edited by Al12345
Filed: K-1 Visa Country: Wales
Timeline
Posted

You asked if it would have any negative impacts, yes it will.

You asked if it would impact your GC, no it will not. Her GC is something very different.

Something like this is very fact specific, the good news is that there is a lawyer involved, certainly needs one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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