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 ?
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.
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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 attorney to discuss your individual case.