Can I apply for H4?

[volcanoBear]

Hi there, my case is a bit complicated, I'd appreciate if you would let me know your opinion.
I had an interview for my immigrant visa application at the consulate, and my case has been under administrative processing for months.. The priority date of the category I am in will retrogress next month, which means I can't get a visa even AP ends. My husband is working in US with H1B, we haven't seen each other since we got married last year, as we thought I would get my EB1 enter visa very soon.

Under these circumstances, can I still apply for an H4 visa? I'd like so much to meet my husband. My concerns are three-fold: 1)I've already an AP; 2) I've not seen my husband since we got married, the VO may suspect marriage fraud even though it by no means is; 3) if I do enter US with an H4 visa, will this affect my IV application?

Thanks again!

[scientist2016]

Hi there, my case is a bit complicated, I'd appreciate if you would let me know your opinion.
I had an interview for my immigrant visa application at the consulate, and my case has been under administrative processing for months.. The priority date of the category I am in will retrogress next month, which means I can't get a visa even AP ends. My husband is working in US with H1B, we haven't seen each other since we got married last year, as we thought I would get my EB1 enter visa very soon.

Under these circumstances, can I still apply for an H4 visa? I'd like so much to meet my husband. My concerns are three-fold: 1)I've already an AP; 2) I've not seen my husband since we got married, the VO may suspect marriage fraud even though it by no means is; 3) if I do enter US with an H4 visa, will this affect my IV application?

Thanks again!

You can apply for H4, it has no effect on your immigrant visa (since H visas a re dual intent visas, unlike F visas which are solely non-immigrant). What do you mean by, you already have an AP (advance parole)?

[volcanoBear]

You can apply for H4, it has no effect on your immigrant visa (since H visas a re dual intent visas, unlike F visas which are solely non-immigrant). What do you mean by, you already have an AP (advance parole)?

Thanks a lot for your reply. AP means administrative processing. I never worked or studied in the US, so had to go consular processing.

Do you think having an AP would affect my H4 application then?

[scientist2016]

Thanks a lot for your reply. AP means administrative processing. I never worked or studied in the US, so had to go consular processing.

Do you think having an AP would affect my H4 application then?

Depends as to the reason behind the Administrative Processing. If it was for say verifying your credentials or something (for your EB1), then it will have no effect on H4.

[volcanoBear]

Depends as to the reason behind the Administrative Processing. If it was for say verifying your credentials or something (for your EB1), then it will have no effect on H4.

I had AP for each B1/2 visa application, I believe it's no big deal, though don't know why it takes so long this time.

Thank you for your kind reply! One last question, my husband has h1b identity but not h1b visa, I have friends who got h4 with only husband's i797 and so, not the visa. However, the embassy website states, if my husband does not attend the interview, I'll have to furnish a copy of his h1b visa on the passport. Does that mean my husband needs to apply for a visa first?

[scientist2016]

I had AP for each B1/2 visa application, I believe it's no big deal, though don't know why it takes so long this time.

Thank you for your kind reply! One last question, my husband has h1b identity but not h1b visa, I have friends who got h4 with only husband's i797 and so, not the visa. However, the embassy website states, if my husband does not attend the interview, I'll have to furnish a copy of his h1b visa on the passport. Does that mean my husband needs to apply for a visa first?

Nope. I797 should be sufficient. Once again the criteria for B1/B2 rejection are completely different from H visas, since B1/B2 is strictly non-immigrant while H visas are dual intent. This means you need not overcome the presumption of potential immigration to get a H visa, while the reason for a B visa rejection is almost always the probability of immigration.

[volcanoBear]

Nope. I797 should be sufficient. Once again the criteria for B1/B2 rejection are completely different from H visas, since B1/B2 is strictly non-immigrant while H visas are dual immigrant. This means you need not overcome the presumption of potential immigration to get a H visa, while the reason for a B visa rejection is almost always the probability of immigration.

I see, it's very kind of you to give me such a detailed explanation!