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H4 Visa denial
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Dear All,

My friend's wife's application for an H4 visa was denied today and they are trying to figure out what to do.

They are Mexicans and just got married a couple of weeks back in Mexico. He is a university faculty in the US and has a I140 approved. His H1b is still valid for one year and he'll be applying for the adjustment of status in the near future. There is an age gap (he's 34, she's 23) and they married after knowing each other for just one year and a half, but they are really in love and trying to start a life together.

They filed an standard application and she went to the interview herself since he's back in the US. When she got to the embassy, the initial check reviewed her application and indicated about the type of application (H4) and instructed her on what to do and that she won't be laying reciprocity fees since her visa was gonna be issued for one year only in case it was approved. At this point, they also asked for my friend's visa (H1b), his I797 approval for H1b, and they had her passport, the appointment and DS160 confirmations. After some wait, the consular officer called her and asked for their marriage certificate and asked a couple of questions: What do you do for living? She said that she used to work as a kinder garden teacher, but left it. Then the officer said, so you are a housewife and she said yes. What do you want to do in the US? She said she wanted to move with my friend because he works in the US. What does he do for living? She said he's a professor and he teached classes in a given field When did you get married? What year? She said this year, August 6. Where did you get married? She mentioned the city How long have you known each other? About 1 year and a half. Then he said something about getting married to soon. Where did you meet him? She said they met at a bar in the city where they got married Then he asked her the name of her in-laws She didn't remember the second last name of her mother in law The officer asked, do you know his (my friend's cellphone) cellphone number? She said that she didn't know it because she had it in her phone and they communicated using WhatsApp. Then the officer left and came back to said that the visa was defined and gave her a paper explaining more information about INA 214 (b)

At this point my friend is troubled about applying again right away, or waiting some time. What would be the best way to proceed at this point in your opinion?

Thank you in advance and sorry for the long post!

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Posted
2 months ago