My wife was in America as a student, then her sister filed a petition for her, how would this affect my petition for my wife?

Asked over 1 year ago - Port Huron, MI

My wife was in America on a 3 year student visa , but she went back to India after only 2 years . She attempted to get another student visa and was denied due to an immigration petition her sister filed for her . That immigration petition was approved 2 years before I filed for a CRY visa for her , though the priority date is yet to become current . Would the Embassy try to deny her visa due to this ? If they do , then how could we overcome that obstacle ?

Attorney answers (3)

  1. Alena Shautsova

    Pro

    Contributor Level 20

    2

    Lawyers agree

    10

    Answered . I do not believe the embassy will deny your petition and her visa application based on your petition. Before, your wife was trying to come to the US as a non-immigrant while she had I-130 filed for her. Now, she is coming as an immigrant.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Stephen D. Berman

    Contributor Level 20

    4

    Lawyers agree

    Answered . The sister's visa and student visa do not invalidate your visa. It is not a basis to deny the visa you filed, the fact that her sister also filed or the fact that she was denied when she filed for a student visa.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Karen-Lee Pollak

    Contributor Level 19

    2

    Lawyers agree

    Answered . We need ot know your immigration status and what visa you would be sponsoring your wife for. it may be problematic if you are sponsoring her for a nonimmigrant visa

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