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LND2017

Can I still apply for H4?

By LND2017 in Work Visas

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LND2017 Apprentice

LND2017   3

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Filed: EB-1 Visa Country: United Kingdom
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My situation is a bit complicated. My employment based immigration visa interview has been under administrative processing for months, my husband and I haven't met for almost a year due to my application. He got H1B last October, could I still apply for H4 under this circumstances? I'm a bit worried as I've already an immigration visa under AP, not sure if this would affect the progress of the potential AP for H4, and my husband and I haven't seen each other for too long..

 

I'd greatly appreciate if you could give my some advice...

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Boiler Grand Master

Boiler   45,522

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Filed: K-1 Visa Country: Wales
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Depends on why you are under AP, would it be different for a H4.

 

And why can your husband not visit you.

“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.”

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LND2017 Apprentice

LND2017   3

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Filed: EB-1 Visa Country: United Kingdom
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6 minutes ago, Boiler said:

Depends on why you are under AP, would it be different for a H4.

 

And why can your husband not visit you.

Thanks for your reply @Boiler

He has been in US for many years and never left. We are afraid when he leaves and applies for a reenter visa, he may get AP, that's a black hole that can jeopardise his career.

I had several APs before, all because of the so-called "sensitive" area I am working in, I believe it's for the same reason this time.

 

I also realise another potential issue. We got married in the US last year, and haven't met in person since, as we thought I'll get my IV visa very soon... Will this arouse the suspicion of marriage fraud?

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Boiler Grand Master

Boiler   45,522

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H is a NIV

 

Not sure if you can get a Visa on the back of his status, not sure I have seen that combination.

 

Is your ESTA still good?

“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.”

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LND2017 Apprentice

LND2017   3

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Filed: EB-1 Visa Country: United Kingdom
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16 minutes ago, Boiler said:

H is a NIV

 

Not sure if you can get a Visa on the back of his status, not sure I have seen that combination.

 

Is your ESTA still good?

That's why I said my case is complicated... I am working in UK but I am not a British citizen, so ESTA does not apply to me.

Thanks a lot for your kind reply!

 

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Boiler Grand Master

Boiler   45,522

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I  had assumed there was a lot more to the story than you had posted, best bet would be to discuss the situation with your Lawyer.

“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.”

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LND2017 Apprentice

LND2017   3

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Filed: EB-1 Visa Country: United Kingdom
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14 hours ago, Boiler said:

I  had assumed there was a lot more to the story than you had posted, best bet would be to discuss the situation with your Lawyer.

Yes, that's what the Embassy just replied to me, I should consult with a lawyer about personal situation...

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