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Su_123

Will H4 spouse visa override tourist visa ?

By Su_123 in Tourist Visas

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
10 minutes ago, SusieQQQ said:

How, if OP is not yet divorced yet, as I gather from the "will be" part here:

 

"Post divorce, H4 will be automatically cancelled."

Perhaps a grammatical anomaly? 

 

Would USCIS approve an I-129f without a final divorce decree, as noted here last week? 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
2 hours ago, SusieQQQ said:

How, if OP is not yet divorced yet, as I gather from the "will be" part here:

 

"Post divorce, H4 will be automatically cancelled."

Well spotted! 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
2 hours ago, WeGuyGal said:

Perhaps a grammatical anomaly? 

 

Would USCIS approve an I-129f without a final divorce decree, as noted here last week? 

Or it’s the old “posting for a friend” story?

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Su_123 Contributor

Su_123   9

Posted
Filed: K-1 Visa Country: India
 Timeline
  • Author
Posted
6 hours ago, JFH said:

Or it’s the old “posting for a friend” story?

 

9 hours ago, WeGuyGal said:

Perhaps a grammatical anomaly? 

 

Would USCIS approve an I-129f without a final divorce decree, as noted here last week? 

Nope ain’t for a friend. It’s for me. And my divorce was finalized back in 2015

 

I believe I got the answers for my questions. Not sure how to close the thread now .

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Ah. The wording in the original post indicated that the H-4 was still valid ("will be automatically cancelled" vs "was automatically cancelled").

 

The B-2 remains valid so long as you did not do anything to automatically cancel it (i.e. overstay) and the issuing post did not cancel it.

You have no way to know the latter unless they informed you (which is a courtesy if they do), or you ask them and they confirm its still valid, or until you try to use it.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
On 5/21/2019 at 6:46 AM, Su_123 said:

 

I have a tourist visa valid until 2022. Later I applied for H4 spouse visa after getting married. 

 

Post divorce, H4 will be automatically cancelled. My question is - Is my tourist visa still valid?

Should have been worded along the lines of "post divorce in 2015, H4 was automatically cancelled" and subsequent COS to F1 was denied. 

 

Helps to provide as complete information as possible in the initial post. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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

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