GC approved..then revoked...please help..

parora

Registered Users (C)
All,
I really need your help and advice. I have posted questins on this forum a few times and have always received helful info. Thank you to all.

This is regards to my wifes GC as follow-to-join.

Below is a summary of my wifes case...I am using bogus names.


My name: TOM SMITH
Wifes maiden name: JANE BROWN
Wife’s new name: JANE SMITH (new passport issued in august 2003)

We got married: Jan 2002
TOM GC approved April 2002 (so JANE qualifies for follow-to-join_

824 filed May 2002
J1 (212e) waiver filed in June 2002. JANE had visited the US on B1 (transferred to F1) and then on J1 visa. All of this was before marriage. She visited US as JANE BROWN. Has always been legal.

824 approved May 2002 and transferred to Delhi.
J1 waiver approved October 2002
August 2002 got new passport and changed name to JANE SMITH. This was advised by my lawyer.
All documents were in order prior for interview.

Interview on 29th October 2002

- JANE went in at 10AM. Presented all docs. Standard 4-5 questions (all conducted by Indian staff). Was asked to take oath and was told that visa was approved. Was asked to come at 4PM to collect visa. At 4PM she picked up passport and sealed envelope (A4 size, brown) with all documents in it. Docs were presented and she left the building. She then noticed that name on visa was JANE BROWN (while passport is JANE SMITH) and went back. She asked if visa having old name was a problem and was told to come next day and they would provide visa with new name.

- On 30th, she went at 4PM to pick up new visa and was told that “counselor was not comfortable giving visa on JANE SMITH”. JANE BROWN visa was cancelled. They) but no explanation was given. S have asked to come back in 2 weeks with no explanation as to what they are doing. The visa was not denied (no official denial letter issuedhe was told that it would have to go back to the US (nothing else said) and that she should check back in 2 weeks. They have returned wifes passport.


SO, I need your help in helpin gme understand what could have happened....my guesses are
1) they need to do administrative check on NEW name and then issue visa. (it seems that takes abotu 10 days)
2) they ask us to refile 824 and do whole process again with wifes new name. (that would take another 2-3 years)

Also, did we do anything legally wrong by changing wifes name.

thanks
 
I do not personally see any problem.

Because she went back specifically asking about the name problem, and she did the right thing, it brought to the attention of the CO and it was noticed that she was in the US and changed her visa multiple times.

All of this perhaps they skipped in the initial process.

Probably they are just trying to make sure that all her visa approvals/changes were in order and that she was continuously legal in the US.

Once they can establish this, I think they will issue the visa.

She should be OK.:)
 
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