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 almost 2 years 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

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,424 answers this week

3,376 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,424 answers this week

3,376 attorneys answering