F1/I-130 Quesiont

[mxjoh29]

Hi,
I am a green card holder since 2008. Recently got married in India. My wife who was rejected for F1 three days before my marriage. By that time priority dates for I-130 are not promising. I thought F1 is better. Now I applied her I-130. My question is, is this going to be an issue when she got her I-130 approval and interview? Please respond


Thanks,
Mxjoh29

 

[Jackolantern]

Depends on the reason for rejection. If her F1 was rejected because of immigrant intent, that won't be a problem for her immigrant visa, which obviously is for immigrant intent.

But if there was some other reason for rejection such as prior overstay(s) or crime(s) committed, that may be a problem depending on what the specific violations are. Or if she failed to mention you as her fiance on the F1 application, they'll catch that lie when she tries for the immigrant visa, and that could result in denial.

 

[mxjoh29]

She didn't mention anything about my relation. She just tried as a fresh student. At that point of time we are not married. Her F1 got rejected because she was divorced with no children. Do you think that will be an issue.