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Old 01-10-2010, 07:39 AM
Junior Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Mar 2008
Posts: 13
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Default Husband with I140 approved, wife with F1 Visa in Passport.

Hello,
Thanks for reading my question and thanks in advance for the answers.

I am on an H1B with I-140 approved. My wife on and F1 visa which we got stamped in August 2008 in India. At that time my PERM was approved but I140 was not filed for. We filed the I140 in Nov 2008 with her name as a dependent. This got approved Feb 2009.


The safest thing for us to do is my wife complete school in June, hopefully get an H1B visa and then go out of the country.

But her mom is not well and she will need to leave the country this March. Both of us dont need any visa stamping in this visit. However we are worried that the border security may have problems with my wife being on F1 and her name as a dependent on my I140.

Questions are:

1. Has anyone been in this condition ?
2. Is this really a problem considering she is not the primary applicant for this I140.
3. Do the border security actually has all the information about my I-140 filing and my wives name being on that.
4. Overall, what are the chances that she will not be allowed in the country.
5. If she is refused entry, What happens. Is she sent back to India or we can apply for a visa to Canada and apply for an H4 visa date. Can she be denied H4 visa in this case?

Please help us out with this.

Thank You
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  #2 (permalink)  
Old 01-10-2010, 12:29 PM
Senior Member
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Join Date: Jul 2007
Posts: 278
Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

Anyone applying to enter the US with an F-1 visa must intend to return to his or her home abroad upon completion of studies in the US. This is called nonimmigrant intent, and, he or she should always be prepared to prove this intent. The USCBP Officer at the airport has fairly broad discretion with regard to the level of proof required. The mere fact that your wife is named on your approved I-140 should not prevent her from being able to prove nonimmigrant intent----especially because it will likely be years before your priority date is reached. Your wife should carry with her as much documentation as possible of her strong ties to her home country and she should be prepared to truthfully assert her current intent to abide by the terms of her F-1 visa and return home after completion of her studies and practical training period. She is not required to intend to return home permanently.

It would probably be a good idea for your wife to consult directly with an immigration lawyer about her specific circumstances so that she can get concrete advice about how to address issues that might arise.


Here are some suggestions for documents your wife might want to have with her:

Financial Ties
If you own property or have financial investments in your country, documenting them may help prove you have strong financial ties. To prove this, you may not use any assets that will be needed to pay for your F-1 or J-1 activities. You will need to prove the availability of that financial support separately in order to meet the minimum requirements for the visa.
Documents to Submit:
Official papers proving property ownership
Copies of investment statements or certificates
A letter or financial statement from your bank or accountant
Employment Ties
If you will be employed full-time upon your return, this indicates strong employment ties to your country. Your employment ties are viewed as stronger based on the prestige, importance and salary of your job.
Documents to Submit
A letter from your current employer stating that you will resume your work with them after your time in the U.S., or
A letter from a prospective employer stating that a position will be offered to you upon your return
Note: The best letter is one that guarantees a job upon your return and states how important your U.S. activities will be for the type of work the employer wants would be ideal
Family Ties
If all members of your immediate family live in your country, the U.S. Consular officer may understand that you have strong family ties to that country. If you are the oldest child or only child in your family, the Consular officer may believe that you are more likely to return home because of that fact. If one or both of your parents are not in good health, this is another reason you might be expected to return home.
Documents to Submit:
Copies of official documents proving family relationships and their residences
Letters from physicians explaining important medical conditions of your parents
Your Visa and Immigration History
If you have visited other countries and returned to your country after those visits, you have demonstrated a pattern of behavior that may lead the U.S. Consular officer to believe that you will return home after your time in the U.S. The more trips you have made, the better your situation.
Documents to Submit:
Current and/or previous passport(s) containing entry and exit stamps from your country and other countries
Other official documents indicating departure and return to your home country
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  #3 (permalink)  
Old 01-10-2010, 08:39 PM
Junior Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 13
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Ann,

Thank You very much for the quick reply.

I am wondering how can an immigration lawyer help my wife. Will they help her answer the situational questions that may arise at the boarding.

Also, Can someone Please help me what happens when someone is turned away at the airport border check. We want to be prepared in case this happens.

Thanks
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