Hello all,
I have a big problem... my wife was accused of misrepresentation while applying for H4 visa at the consulate. Any information on how this can be solved will be greatly appreciated !
Here is a summary of what happened and the background:
- I came in the US in December 2003 with H1;
- I wanted to bring my girlfriend as well, and, since a coworker needed an au-pair, I was able to bring her on J1 in August 2004;
- I changed employers in January 2005 with an H1 transfer (I don't think this is relevant for the case) and moved from New Jersey to Virginia;
- After 1 year of au-pair, in August 2005 my girlfriend changed status to F1, moved with me and started school in Virginia;
- In May 2006 she went home for vacation (after 2 school semesters), but in order to come back she needed to apply for F1 visa;
- She applied 2 times for F1 at the consulate, and was denied for the same reason (immigration intent);
- I got home in August 2006 and we got married;
- She went last week at the consulate for the H4 visa;
- They asked her for how long were we together and she answered that for a long time... than they had her sign that we were planning for a long time to get married and we were engaged (2-3 years ago), that she did not mention on the previous DS-156s (one for J1 and 2 for F1) that she had her fiancée in the US and that she certifies what she signed... She signed that hoping that it will help her getting the H4;
- After that they denied the H4 on 212(a)(6)(C)(i) saying that she did not mention that her fiancée was in the USA in the previous visa applications.
Some problems could arise in my case as well, because I submitted with her previous F1 application an Affidavit of Support mentioning that she was my friend and now another one mentioning that she is my wife. They made a copy of the first Affidavit at the time of F1 visa application, and this time also, and they also kept a copy of my passport visa and my latest I-94. I'm afraid that they might accuse me as well for lying in the Affidavit and remove me from the US as well.
The truth is, I was afraid of getting married, and tried to get her here on the student visa. I even bought the engagement ring in August and proposed to her at that time (after the 2 F1 denials, over the phone) - I have proof with the engagement ring receipt and warranty that shows the date... so technically we become engaged and married during the same 2 weeks in August when I went home; however she signed that paper at the consulate saying that we were engaged for a long time, thinking that will help her get the H4 visa...
Please let me know if there is something that can be done for my wife and if I am subject to deportation or not... Any little advice can help !
Thanks a lot !
I have a big problem... my wife was accused of misrepresentation while applying for H4 visa at the consulate. Any information on how this can be solved will be greatly appreciated !
Here is a summary of what happened and the background:
- I came in the US in December 2003 with H1;
- I wanted to bring my girlfriend as well, and, since a coworker needed an au-pair, I was able to bring her on J1 in August 2004;
- I changed employers in January 2005 with an H1 transfer (I don't think this is relevant for the case) and moved from New Jersey to Virginia;
- After 1 year of au-pair, in August 2005 my girlfriend changed status to F1, moved with me and started school in Virginia;
- In May 2006 she went home for vacation (after 2 school semesters), but in order to come back she needed to apply for F1 visa;
- She applied 2 times for F1 at the consulate, and was denied for the same reason (immigration intent);
- I got home in August 2006 and we got married;
- She went last week at the consulate for the H4 visa;
- They asked her for how long were we together and she answered that for a long time... than they had her sign that we were planning for a long time to get married and we were engaged (2-3 years ago), that she did not mention on the previous DS-156s (one for J1 and 2 for F1) that she had her fiancée in the US and that she certifies what she signed... She signed that hoping that it will help her getting the H4;
- After that they denied the H4 on 212(a)(6)(C)(i) saying that she did not mention that her fiancée was in the USA in the previous visa applications.
Some problems could arise in my case as well, because I submitted with her previous F1 application an Affidavit of Support mentioning that she was my friend and now another one mentioning that she is my wife. They made a copy of the first Affidavit at the time of F1 visa application, and this time also, and they also kept a copy of my passport visa and my latest I-94. I'm afraid that they might accuse me as well for lying in the Affidavit and remove me from the US as well.
The truth is, I was afraid of getting married, and tried to get her here on the student visa. I even bought the engagement ring in August and proposed to her at that time (after the 2 F1 denials, over the phone) - I have proof with the engagement ring receipt and warranty that shows the date... so technically we become engaged and married during the same 2 weeks in August when I went home; however she signed that paper at the consulate saying that we were engaged for a long time, thinking that will help her get the H4 visa...
Please let me know if there is something that can be done for my wife and if I am subject to deportation or not... Any little advice can help !
Thanks a lot !