spouse B1 rejected twice - when should I apply for H4 - chances of rejection

T

tanenbaum

Registered Users (C)
Hi
My spouse\'s B1 was rejected twice last year.
The delhi embassy rules state that one cannot apply in person for two years unless the circumstances have significantly altered
Does this apply to cases when the applicant is applying for different visas?
Also, what are the chances of rejection - on what grounds can they refuse an H4 (eg. can they say that this is fraudulent marriage in to order to gain entry in US)
Should we try to apply only after the two year period has ended?
 
Isn\'t this a significant change in circumstances...

I would think unless these was some intentional fruadulance issue with previous B1s H4 is normally not denied for spouse and kids. I was in similar situation with a F1 VISA rejected twice, and H1 was issued without any isssues.

Let her take all documentation about marriage along with some photos etc. Complete details be better obtained from respective Consulates.
 
can you give more information

Hi
Thanks for your response. Can you please give more details - eg.
did you apply for H1 within two year period of F1 denial
did you have to apply by post
We are constrained to apply by post for a two year period - and are unsure if US embassy even responds to applications by post
In fact, my spouse\'s employer is willing to sponsor her for L1 - but we are not clear of which will be a better choice - quit and go for an H4 or apply for L1.
Can\'t risk another visa rejection
Thanks for any help
 
My wait was more than 2 years since I waited to gain sufficient experience for H1

A VISA denial is normally as a result of existing circumstances as perceived by the Consular Officer at the time of application. I believe and at least the way they put it; a denial once for some category do not necessarily means a denial is sub-sequent applications especially for a different category. And, I believe it is true. There are some exceptions like if you try for H1 and denied there is every reason for a sub sequent F1 may not be issued, since F1 applicants are automatically considered as prospective immigrants unless proven otherwise; but there are number of incidents where people got F1s after H1s.
B1 s are one of difficult VISAs to get as we know and I think F1 rules are applied to B1s too.
H1 can not be rejected unless there is evidence of fraud and if it is issued; under normal circumstances H4 is automatic.

Please note that this is just my personal opinion as a result of attending a seminar at consulate of US in Chennai few years back. All we have to understand is consular officer has few minutes to decide on your case and try to present it as best as you can. And, for H4 it is as simple as showing evidence of the relationship; along with docs. to prove that you are still actively employed here in US.

Also, try to find out if you can apply in person since this is really a significant change in circumstances and also it is totally a different VISA category. And, YES they do respond to post applications also. Personally, I think H4 is better unless her L1 sponsor is a well known L1 sponsor and a big firm.
 
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