Potential Issues during H-1 stamping because spouse has a Green Card ??

nunnik

Registered Users (C)
Hi,
I got my Green Card back in 2002. I got married in 2004 and my wife was on a student VISA (F-1) at that time. Subsequently she finished her studies, got a job and also got her H-1 Visa approval (paperwork) in hand. From this month onwards her status changes from F-1 (OPT) to H-1. I haven't applied for her Green card through me because I was told its shorter/easier to do it after I get my citizenship. That would be only later next year.
We plan to go to India soon and my wife has an appt at the Chennai consulate for her H-1 stamping. In the paperwork that we had to fill for getting the Appt there were pointed questions about her marital status and whether her spouse was a Green Card holder etc. Her lawyer asked her to fill in everything honestly. My questions are:
1. Will there be a problem for her during the VISA interview because her husband is a Green card holder?
2. Is that a valid ground for the Consulate to deny the H-1 stamping (potential immigrant?)
3. If they ask about it, what should she answer ?

Any feedback would be appreciated.

Thanks again!
Narayan
 
nunnik said:
Hi,
I got my Green Card back in 2002. I got married in 2004 and my wife was on a student VISA (F-1) at that time. Subsequently she finished her studies, got a job and also got her H-1 Visa approval (paperwork) in hand. From this month onwards her status changes from F-1 (OPT) to H-1. I haven't applied for her Green card through me because I was told its shorter/easier to do it after I get my citizenship. That would be only later next year.
We plan to go to India soon and my wife has an appt at the Chennai consulate for her H-1 stamping. In the paperwork that we had to fill for getting the Appt there were pointed questions about her marital status and whether her spouse was a Green Card holder etc.
Her lawyer asked her to fill in everything honestly.
---that is correct
My questions are:
1. Will there be a problem for her during the VISA interview because her husband is a Green card holder?
----------not because of your GC. H1 is "Dual Intent"
2. Is that a valid ground for the Consulate to deny the H-1 stamping (potential immigrant?)
--------- H1 has" dual intent"
3. If they ask about it, what should she answer ?
---------- tell the truth
Any feedback would be appreciated.

Thanks again!
Narayan
 
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