Denail of Spouse's Application ??

P

pingpong02

Registered Users (C)
Hi ,

Assuming all the documentation pertaining to marriage is good, Are there any cases where spouse's Application may be denied by BCIS after approval of primary applicant ?

If yes what could be the reasons ?

Thanks
 
Was there any gap in the visa status for any period? For eg. Was his/her visa renewed all the time your visa was renewed?
 
My Spouse's came here on H4 and and used EAD before her H4 expired. my spouse is currently on 2nd EAD. No gaps in between

Thanks
 
If your spouse has always been "in status" then there should be no reason why her application will be rejected.

There could RFEs though due to the medical exam and for vaccinations (in case some vaccinations were not done as part of the medical exam).
 
Originally posted by pingpong02
My Spouse's came here on H4 and and used EAD before her H4 expired. my spouse is currently on 2nd EAD. No gaps in between
Click to expand...

Unless she is statutorily inadmissible due to criminal record, communicable disease or immigration fraud, there shouldn't be anything to worry about. There is always the question about the bona fides of the marriage, but if there's a significant gap in time between the marriage and the I-485 filing, that shouldn't be an issues. What also helps is that the consulate gave her an H-4, so they were satisfied that the marriage was good.

Not really much for you to worry about.
 
Thanks!! DelhiCP and TheRealCanadian for your responses.

Hi TheRealCanadian

you say "There is always the question about the bona fides of the marriage, but if there's a significant gap in time between the marriage and the I-485 filing, that shouldn't be an issues. "

Our marriage just 5 days before H4 visa was issued.

Spouse moved from H4 to EAD within a month of being in US.

Can that be a problem

Thanks
 
Originally posted by pingpong02
Our marriage just 5 days before H4 visa was issued.
Click to expand...

No.... I was in the US on a TN for three and a half months before my marriage, and my wife got her TD 48 hours after our wedding. No problems at all, and she's received 2 H4s and another TD after that.

Don't worry - you'll be fine.
 
Clarification

Once you file your I-485 then, no way you can go out of status (Except in case ur H1B expired and u didn't apply for H1B 7th year extension).
 
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