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  • H1 visa with US wife

    Hi, My sister's husband has got an H1 approval. He has scheduled his interview at Dubai US Consulate. My sister recently got her citizenship and so he has entered her status as citzen in the DS 156 form. She has not yet filed for him. We have been told that if he has a US citizen relative in US, its less likely that he will get the H1 visa.
    Is this true and if yes how to go about it in the interview?
    Thanks

  • #2
    Hi, My sister's husband has got an H1 approval. He has scheduled his interview at Dubai US Consulate. My sister recently got her citizenship and so he has entered her status as citzen in the DS 156 form. She has not yet filed for him. We have been told that if he has a US citizen relative in US, its less likely that he will get the H1 visa.
    Is this true and if yes how to go about it in the interview?
    Thanks

    Comment


    • #3
      As your brother-in-law is applying for a temporary type of visa, it's a question of his ties between his country of origin that he promises not to abandon and his USC spouse. Consular officers always weigh the merits of each application against the alien applicant's underlying intent. But just because he is married to a USC doesn't mean that the benefit that he is seeking would not be granted - as long as he can heavily document the business necessities of his US employer to warrant his urgent hiring and so too his vocational preparedness to perform the duties associated with the job offer. Likewise, he should be prepared to articulate his reasons to counter the officer's suspicion that he has taken the H-1B nonimmigrant visa route to circumvent the relatively longer spousal petition time line. If he won't succeed, then for sure the couple can take the I-130 (I-129F) option.

      Comment


      • #4
        H-1b is a dual intent visa.

        Comment


        • #5
          The OP, her sister, and her brother-in-law knew that. I know that. You know that. Therefore, all of us know that.

          Comment


          • #6
            Updating the status:
            My sister's husband had his H1 interview. He was told that his case was complicated but no questions about my sister's status or anything.
            He was given a 221g green form to sumbit petitioning company's tax returns which he has. Now waiting for update on his case.

            Comment


            • #7
              Form 221(g) comes either as color blue or pink, but I'm not sure, though unlikely, it may vary by location(?). It may also indicate permanent ineligibility or temporary refusal. Either way, your brother-in-law should have been informed accordingly. As you said, the consulate may want to see the petitioner's financial capability to petition.

              Comment


              • #8
                He was given a 221g green form and the only document marked was tax return which he submitted.
                He also sent an email to visa enquiry and the reply he got says that his case is currently undergoing administrative processing and they cant tell the time it might take and also that they will contact him once its complete.

                Comment

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