H1 with DUI - can dependant (H4) go for visa stamping?

[srinius 0]

Hello All,

Need advice please. I got DUI in 2015, completed all the court formalities. Currently I am on H1 (with approved 140, but no visa stamping), now we are planning to visit India.

- If my wife (h4 visa) goes alone, is she going to face any problems?

- Does anyone know any recent denials for H1 with DUI?

 

Please advice and thanks in advance.

[gopalakrishnach 0]

- If my wife (h4 visa) goes alone, is she going to face any problems? - No issues maybe background check

- Does anyone know any recent denials for H1 with DUI? - Less updates now a days. I feel chance of back ground check.

[srinius 0]

16 minutes ago, gopalakrishnach said:

- If my wife (h4 visa) goes alone, is she going to face any problems? - No issues maybe background check

- Does anyone know any recent denials for H1 with DUI? - Less updates now a days. I feel chance of back ground check.

Thanks for the response. Can you please clarify, what do you mean by ‘background check’. Visa stamping going to be delayed?

thanks in advance.

[gopalakrishnach 0]

I see background check chances are really less so donot panic. Now a days anything can happen. Better be prepared for everything rather than be sorry. Yes visa stamp delayed chances of that are less coming to your DUI...

[xTDx 0]

On 3/5/2019 at 11:08 PM, srinius said:

- If my wife (h4 visa) goes alone, is she going to face any problems?

- Does anyone know any recent denials for H1 with DUI?

As suggested above, Her h4 depends on your H1b and her Ds160. If you have a valid reason to stay in USA under h1b , she will be granted h4 on merit. Your DUI will not concern her.

For DUI alone, your visa stamp process may take more time for a decision but should be approved eventually.

As you can see, it all depends and there is no magical answer here. 

[srinius 0]

On 3/7/2019 at 2:22 PM, gopalakrishnach said:

I see background check chances are really less so donot panic. Now a days anything can happen. Better be prepared for everything rather than be sorry. Yes visa stamp delayed chances of that are less coming to your DUI...

Thank you Gopalakrishnach and xTDx for your responses.

[srinius 0]

Hello,

Sorry, I have one more question. Now I am in a situation that I need to visit India. I understand my visa stamping takes around 4 weeks, but have one question.

1. If my wife and I both attend visa stamping at the same time, do my wife gets visa immediately or else she needs to wait for 4 weeks?

Problem is she can visit only for 2 weeks, so not sure how to prepare my trip and both needs to be there for one occasion.

Please advise, Thanks in advance.

[keaj 0]

Your wife should not have any problem at all even though you have DUI if she goes alone for the stamping . Her Ds 160 will not have any thing to  specify that  "have you been arrested or convicted " option so she should be good.

i am not sure about the situation if you both go at the same time, if the VO makes you both to stay then she has to stay too. its up to VO i would say.

I would say send her first to the interview so that you are good from her side. May be ask her to stay more time.

For your end you have to deal with 221g and the panel physician check which should be done in 1 week to 2 weeks. The only thing is your process will get delayed.

[gopalakrishnach 0]

1. If my wife and I both attend visa stamping at the same time, do my wife gets visa immediately or else she needs to wait for 4 weeks? - Normally if H1B gets 221G then H4 will also get 221G.

[srinius 0]

Thanks for your responses.

I am planning to go earlier (at least 3 weeks earlier) and will try to sort out the things, and then we will apply for H4 visa.

Thanks again.