we'r now looking to immigrate to the US, my wife is an american we were married more than 3 years and had one kid .
No. Not true. No effect.
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It will not be a problem unless it was rejected due to fraud or something like that.
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Depends on the reasons for the visa denial.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
The prior denial should not affect the new filing UNLESS the basis for denial was fraud or a misrepresentation.
Samuel Ouya Maina, Esq. 415.391.6612 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
If your spouse is a USC, it is not unlikely to be denied a tourist visa. If you intend to move to the U.S. your wife should petition in your behalf.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
If the rejection was based on having immigrant intent, then there should not be a problem when you apply for residence as that involves an immigrant visa. A visitor's visa is a nonimmigrant visa, so the intent of that visa conflicts with the facts of your case.
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