Wife cannot get H4 visa

S

SufferTooMuch

Registered Users (C)
My wife's H4 visa got rejected twice. My coworker introduced her to me and we dated for a year(send emails and call each other every day). Last fall, I went to Canada and got a H1B visa then went back to China and married her. A month later, when she applied for H4 visa, she got rejected because the VO didn't believe our marraige is true. This Feb, I went back again and we applied together, My H1 was approved and her H4 was rejected again. We showed them marriage license, wedding videotapes, pictures, email print out, phone bills, receipts of gifts sent to each other, my boss's letter, introducer's letter even a congressman's letter. VO still didn't believe it. He just said "You just met and then got married. I don't beleive it's a true marriage." But we dated for a year through emails and phones call every day before we met. We got married immediately is because I'm afraid I'll have visa problem if I have to come back to China again. Now my wife and I are very desperate. Can anyone help us?
 
She never applied for visas before we got married

She never applied for visas before we got married. I have been in USA for 8 years, I changed my visa from F1 to H1 and renewed HI once and applied for H1 visa twice (in Canada and in China), never had any problems. The VO just didn't believe our marriage is true. Isn't it a ridiculous excuse?
 
Yes -- it's almost abusive of their discretionary authority. But unfortunately, I think the overseas consular officers decisions are very hard to challenge. I think you can try more times together (which I suppose may convince that your marriage is bonafide). Otherwise, how far are you from getting a GC? Worst case, you may need to apply for a follow-to-join immigrant visa when you get approved. In case of an immigrant visa, the consular officer has less absolute authority, ie, there may be some form of appeal. Maybe an attorney can give you more info.

Very sorry to know they did this :-(
~T
 
Will she be rejected for the same excuse?

Thank you for your help. My I485 is still pending. Even if I can get GC soon and file I824, she still has to go through Consular processing. Will the VO still reject her for the same excuse even if I824 is approved?
 
It is certainly possible they'll cause more trouble. But as far as I know, they don't have the kind of authority they have with visas when it comes to immigrant visas. So you may have some form of appeal or similar option if they deny the immigrant visa.

~T

See this:
http://www.us-immigration-attorney.com/adjustment-of-status.htm
...

A second disadvantage is the discretionary decision making authority of USCIS officers. Where one officer may see nothing, another may see preconceived intent or presumed fraud. In such case, the officer has the discretionary authority to deny the adjustment of status application. This is very similar to the authority of consular officers deciding nonimmigrant visas (consular officers do not have similar authority when they decide immigrant visas).

...
Click to expand...
 
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Can she get the visa if she comes to Canada?

We don't know when my 485 will be approved. Somebody suggests that I help her get a Canadian GC and she can apply for visa in Canada. But how long does it take to get a Canadian GC? If she comes to Canada with a student visa or visitor visa, when she applies for H4, Will VO ask her to go back to China to apply for it?
 
485 Processing date

Is 485 processing date right? The 485 processing date in VSC is March 25, 2004, I filed my 485 in October, 2003, but still pending. I called them and they said they will send an inquiry to see what's going on. But I'm kind of frustrated. Whay is my case still pending? Are they doing some prolonged background check or something?
 
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