what could happen if one is approved and the spouse denied?

N

niagara fall

New Member
hi gurus,

Assume this case(one approved and one denied) could happen, what
situation will the denied one be in? What can he/she do?

Thanks

wondering2
 
No Title

Hello,

your question inherently generates millions of other questions and for them there could be same amount of answers.. sort of like predicting where can a feather flying in the air could land on the ground.... there could only one ambiguous answer "It all depends".

Of the most likely situations that it may happen is in the cases of "Out of Status" issues or quite obvious illegal work (such as H4 depended having W2 in tax filings) etc..
Hope this helps a bit..
Bhanu
 
No Title

Bhanu K explained it exactly right. The most common of the causes for such a situation is the spouse being out of status. In that case, one really does not have much of a choice other than accepting it though you can still appeal if the case has been rejected on incorrect information. Based on the duration/severity of "out of status", one has to leave the country for a specific period of time.
 
No Title

How can this happen? my understanding is that if one is denied, the other is automatically denied. Or, if the primary benefeciary is denied, the spouse is automatically denied.
 
No Title

Thanks all for your inputs.
I got to know from AVM that my case was approved and my spouse\'s case was transfered to local office.
I was just trying to figure out the worst case if my spouse\'s interview get denial although there is not any
out of status or illegal work records.

wondering2
 
No Title

It also depends on your PD, if your PD is back in 97 or before (I\'m not sure on the exact dates) you can make use of grandfather law for your spouse if he/she is out of status. All you have to do is pay a fine of $1000.
 
No Title

I ran into the same situation. My spouse\'s application got approved, and mine is pending (anything could happen to it), and the interesting thing is I\'m the primary applicant.
 
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