Possibility of H4 stamp rejection

[ustocanada49]

Hi Guys,
My wife has a H4 I 797 . She applied for stamping in Dropbox from Canada. However, I don't have a stamp yet either and currently not in US . I keep going to US using AVR from Canada but not living full time in US. So, I have a H1 I 797 as well still.

Since I am not in US and not have a H1 stamp, Can (or will) consulate reject her visa stamping? Appreciate your response in advance.

Thanks

 

[swan0206]

Hi Guys,
My wife has a H4 I 797 . She applied for stamping in Dropbox from Canada. However, I don't have a stamp yet either and currently not in US . I keep going to US using AVR from Canada but not living full time in US. So, I have a H1 I 797 as well still.

Since I am not in US and not have a H1 stamp, Can (or will) consulate reject her visa stamping? Appreciate your response in advance.

Thanks

Were you able to figure this out?? I think this doesn't make the case strong. Either you need to be in US during her interview or while they are reviewing her case. Better if you are inside the country during this process. There may be a possibility of a query or calling for an interview.

Also, if you do not have a plan to move back, spouse cannot apply for H4. She needs a B1/B2. Even after H4 is approved and you are planning to travel, the border agents would ask you why she is using her H4 when the primary isn't residing in US. However, they would allow for 1st and 2nd time but multiple entries would definitely be questioned.

Anyways wishing you good luck and please keep the group posted about the result.

 

[canuck78]

Hi Guys,
My wife has a H4 I 797 . She applied for stamping in Dropbox from Canada. However, I don't have a stamp yet either and currently not in US . I keep going to US using AVR from Canada but not living full time in US. So, I have a H1 I 797 as well still.

Since I am not in US and not have a H1 stamp, Can (or will) consulate reject her visa stamping? Appreciate your response in advance.

Thanks

Of you aren’t living in the US yes her H4 will be refused. If you are not living in the US it makes sense as to why she wouldn’t qualify for H4. If she isn’t living in the US why would she need the H4 and why would you apply? B1/B2 is the correct application.