Will 22CFR 41.122(h)(3) note on passport affect H4 visa?

[Ani89]

Hello,

My fiance had F1 visa from 2015 to 2020,  after her masters she went back to India in July 2017 since she had no intention to work in the US. But in April 2018 to meet me, she attempted to enter US via Abu Dhabi (AUH) with an employment offer letter from her known family members company. During immigration she was stopped and was asked to withdraw the application for admission due to lack of proper documents such as I-20 from school with employer name in it. She assumed wrongly that the validity on the EAD card would be enough to enter US. So her F1 visa was cancelled with a note of "22CFR 41.122(h)(3)". CBF officer informed her that she can try again to enter US with a valid visa and proper documents before sending her back to India.

Now, we are getting married in this 2018 August end , I am on valid H1 visa and with a good company.

• Will there be any issues during her H4 visa in early September 2018?
• Should I wait for longer(more than 6months) to apply for her H4 since her F1 was cancelled only on April 2018?

Appreciate your response!

Thanks!

[shekar11#]

On 7/3/2018 at 5:48 PM, Ani89 said:

Hello,

My fiance had F1 visa from 2015 to 2020,  after her masters she went back to India in July 2017 since she had no intention to work in the US. But in April 2018 to meet me, she attempted to enter US via Abu Dhabi (AUH) with an employment offer letter from her known family members company. During immigration she was stopped and was asked to withdraw the application for admission due to lack of proper documents such as I-20 from school with employer name in it. She assumed wrongly that the validity on the EAD card would be enough to enter US. So her F1 visa was cancelled with a note of "22CFR 41.122(h)(3)". CBF officer informed her that she can try again to enter US with a valid visa and proper documents before sending her back to India.

Now, we are getting married in this 2018 August end , I am on valid H1 visa and with a good company.

• Will there be any issues during her H4 visa in early September 2018?
• Should I wait for longer(more than 6months) to apply for her H4 since her F1 was cancelled only on April 2018?

Appreciate your response!

Thanks!

Consult an immigration attorney.

[satya2k1]

She should have got I-20 endorsed from her school DSO for travel and endorse employer name. 

I don't see any issue, because she was sent back to India after denying entry from Dubai., If you have proper H1 documents, and with valid marriage proof she should be able to get H4 visa. I suggest that you both go for stamping together on same day instead of separate stamping.

[Provence]

Consulting an immigration attorney isn't going to add value in this scenario. They'll suggest the same as what's being discussed here. 

Obviously, OP needs to get married first, Once married, wife can apply for an H4 visa. The longer the wait between the wedding and application, the better. Barring a misrepresentation at AUH, I see no reason for denial if the H1b is from a reputable employer. 

[Ani89]

On 7/12/2018 at 7:16 AM, satya2k1 said:

She should have got I-20 endorsed from her school DSO for travel and endorse employer name. 

I don't see any issue, because she was sent back to India after denying entry from Dubai., If you have proper H1 documents, and with valid marriage proof she should be able to get H4 visa. I suggest that you both go for stamping together on same day instead of separate stamping.

Thanks for the response.

My current H1 is valid until July 2019, can I also attend the visa interview with my spouse? which I don't think so.

[Ani89]

On 7/12/2018 at 10:56 AM, Provence said:

Consulting an immigration attorney isn't going to add value in this scenario. They'll suggest the same as what's being discussed here. 

Obviously, OP needs to get married first, Once married, wife can apply for an H4 visa. The longer the wait between the wedding and application, the better. Barring a misrepresentation at AUH, I see no reason for denial if the H1b is from a reputable employer. 

Appreciate your response.

How is it better to have longer wait between wedding and application, will it improves the chances? Or do you mean, more the gap between the cancellation of her visa and re-application of H4 is better.

[Provence]

5 hours ago, Ani89 said:

, can I also attend the visa interview with my spouse? which I don't think so.

no

[satya2k1]

15 hours ago, Ani89 said:

Thanks for the response.

My current H1 is valid until July 2019, can I also attend the visa interview with my spouse? which I don't think so.

Do you have a valid visa stamp in your passport until July 2019? or your H1 approval notice (I-797) valid till July 2019?

If you already have a visa stamp in your passport then you cannot go for stamping again.  If you don't have a visa stamp then you can go, otherwise how can you enter the USA without a visa stamp in passport?

[Ani89]

On 7/12/2018 at 10:56 AM, Provence said:

Consulting an immigration attorney isn't going to add value in this scenario. They'll suggest the same as what's being discussed here. 

Obviously, OP needs to get married first, Once married, wife can apply for an H4 visa. The longer the wait between the wedding and application, the better. Barring a misrepresentation at AUH, I see no reason for denial if the H1b is from a reputable employer. 

Thanks for the response.

Should I wait longer to apply for her H4 after getting married. Like for example, if we get married in July, should I wait for 3-4 months before I apply for her H4 in November. 

Thanks in Advance.