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Applying for a B1 Visa after a family member caught for visa fraud

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  • Applying for a B1 Visa after a family member caught for visa fraud

    I am an American citizen living in a foreign country. My wife of local origin, and I currently have an I-130 in process. The goal is to obtain a green card immigrant visa. My wife has just been invited by a prestigeous organization in the US to be a guest speaker. We realize that because of “dual intent” we will need to apply for a business/tourist visa and be prepared to show evidence that she would need to return back to her home country. We are planning on going in for a B1 visa appointment in the next week or two.

    That said, it just so happens that my wife's brother, another local citizen, is also married to an American. After two years of waiting, his green card visa was finally approved. However, while waiting to receiving his official green card documentation, he found out that his green card had been delayed due to something along the lines of “administration difficulties.”

    Here's where the plot thickens - the mother of my wife and her brother, also a local citizen, was just declined a visa to the US due to fraud. This was just before my wife's brother was to pick up his green card.

    My wife's brother's green card has now been declined, and we believe - we're not sure -- but that it is somehow due to his connection to his mother.

    Here's my concern: that through guilt by association, my wife will be declined the business/tourist visa, and that it will also cause problems for our I-130 which is currently in process.

    Here's my question: Do we have reason to be concerned? Will my wife's upcoming visa applications be declined due to being related - by blood - to two individuals who, in the past two weeks, have just been declined visas? If this is reason to worry, should we seek legal advice?

  • #2
    Wife's mother.. denied
    Wife's uncle.... denied
    Wife's brother.. denied

    Sounds like you married into a fraudulent family that wishes to migrate to the US by any means necessary. While on paper each application is adjudicated based on it's merit, any suspect association could play a role in whether your wife is granted or denied a visa.

    You haven't mentioned the country your spouse is a citizen of and if it's a VWP country.

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