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  • H4 visa rejected based on Weddings Pics

    Hi,

    My wife went for H4 visa interview on 12th December, and she was asked about the documents, information related to me, and weddings pic.

    I had a very private Arya Samaj Indian Wedding (Fire Ceremony done in temple), which only involved our parents and proper Engagement Pics. We showed a LEGAL Marriage Certificate and Arya Samaj Marriage Certificate. The interviewer asked her that why our siblings did not join the Fire Ceremony and she replied that they were not available.

    They made her sit for 4 hours and rejected her saying that they think that we only had Engagement Ceremony but are not married.

    Though we have our social Indian wedding upcoming in month of Feb,2019. I wanted to know if we re-apply for her Visa again after that, also how can we counter the question that why our legal marriage is registered on Nov,2018 and we actually got married on Feb,2019, not to mention they will have reason of rejection for last time.

    I think it is normal for Indians to legally get married earlier for Visa purposes. I am not sure why legal document was held on low priority than just marriage pics.

    Please if someone can advise me here for further steps.

  • #2
    does anyone have a similar experience ?

    Originally posted by manik.vashisht View Post
    Hi,

    My wife went for H4 visa interview on 12th December, and she was asked about the documents, information related to me, and weddings pic.

    I had a very private Arya Samaj Indian Wedding (Fire Ceremony done in temple), which only involved our parents and proper Engagement Pics. We showed a LEGAL Marriage Certificate and Arya Samaj Marriage Certificate. The interviewer asked her that why our siblings did not join the Fire Ceremony and she replied that they were not available.

    They made her sit for 4 hours and rejected her saying that they think that we only had Engagement Ceremony but are not married.

    Though we have our social Indian wedding upcoming in month of Feb,2019. I wanted to know if we re-apply for her Visa again after that, also how can we counter the question that why our legal marriage is registered on Nov,2018 and we actually got married on Feb,2019, not to mention they will have reason of rejection for last time.

    I think it is normal for Indians to legally get married earlier for Visa purposes. I am not sure why legal document was held on low priority than just marriage pics.

    Please if someone can advise me here for further steps.
    If someone have any experience of h4 rejection, please if someone can share that and what was done post that experience too that would be helpful

    Comment


    • #3
      Get an immigration attorney

      Originally posted by manik.vashisht View Post
      Hi,

      My wife went for H4 visa interview on 12th December, and she was asked about the documents, information related to me, and weddings pic.

      I had a very private Arya Samaj Indian Wedding (Fire Ceremony done in temple), which only involved our parents and proper Engagement Pics. We showed a LEGAL Marriage Certificate and Arya Samaj Marriage Certificate. The interviewer asked her that why our siblings did not join the Fire Ceremony and she replied that they were not available.

      They made her sit for 4 hours and rejected her saying that they think that we only had Engagement Ceremony but are not married.

      Though we have our social Indian wedding upcoming in month of Feb,2019. I wanted to know if we re-apply for her Visa again after that, also how can we counter the question that why our legal marriage is registered on Nov,2018 and we actually got married on Feb,2019, not to mention they will have reason of rejection for last time.

      I think it is normal for Indians to legally get married earlier for Visa purposes. I am not sure why legal document was held on low priority than just marriage pics.

      Please if someone can advise me here for further steps.
      I was also denied H4 under section 212a6ci & 214b on same day 12 Dec. My case is exactly the same. Even after showing a valid certificate of marriage and few wedding pictures along with engagement photographs to prove genuine nature of our relationship consular officers made an misrepresentation finding. The US law states that if a marriage is legally valid in place of celebration plus it is a bona fide marriage then it is also valid for Visa adjudication so the determination of inadmissibility is legally incorrect The interview outcome seemed like premeditated because from the very beginning they called our marriage as **** without even asking questions. While interviewing they gave ridiculous arguments and stubbornly kept forcing me to accept that marriage is ****. Their arguments was based on number of people who attended ceremony and the dress we were wearing. However neither Indian or US law gives specific direction about it. They wanted me to tell that we have a grand wedding planned in future when we will perform all rituals. Since it was not fixed I told them that I am not sure if there will be any grand ceremony and what rituals are going to be performed. They took it a misrepresentation after they scanned my phone and read a chat about a future wedding plan. I told them that I am married as per all the rituals in presence of few relatives and the future wedding is just a social function. There were other chats also which could prove that I am married but CO deliberately ignored all the positive evidences. An Indian officer acted like a marriage law expert somehow persuaded the American officers that the marriage is ****. I really doubt her understanding of Indian rituals as well as the law.

      There are some options available to overcome this decision but not much hopes. You can submit a request for reconsideration or apply for a waiver if they have recommend it already. If they haven't recommended it on refusal then you can ask them for a waiver recommendation. I would suggest that immediately seek consultation / representation from an expert attorney. Hope that you will get it resolved.
      Have a good luck !

      Comment


      • #4
        I am also in somewhat similar condition and they have asked my wife to come again for interview along with husband, I have 2 questions, did rejection of your wife visa had any affect on your visa and can we reapply if it gets rejected

        Comment


        • #5
          Guys, I am also in similar situation as I have given yellow slip and asked me to complete pending rituals and reappear for interview along with Photos.
          Does anyone got H4 visa approved later in these kind of situations ? if so what would be the best step to proceed further?

          Comment


          • #6
            I am in the same boat. Recently I got married in Arya Samaj (12th Feb) and register our marriage at New Delhi government to get the legal certificates.

            Feb 28 - My wife attended h4 visa interview in delhi
            VO- Asked few question which she did answer, she also showed all parties and family engagement pictures. later Vo issue 221g (blue slip) to submit ritual pictures.
            Fe 28 - We submitted Arya Samaj Ritual pictures
            March 02 - Visa got refused and asked her to appear for reinterview (she received the following emails)


            In order to process your nonimmigrant visa application please appear for an interview at the embassy on any working day between 8.00 am to 10 am along with a photo identity (your Voter id card/Adhar card/Driving license) and the petition based documents. Please bring a copy of this email with you in order to access gate no # 6 and appear at window # 3.
            Any idea what is the second interview is all about? and what is the chances of getting the visa now?

            Comment


            • #7
              Hi Friends,

              I am in the same boat. Can anyone from you share if you received the visa issued by now? And, what did you do to overcome this? My wife and I are really tensed and would appreciate any help you can offer.

              Thank you!

              Comment


              • #8
                Same issue .

                Comment


                • #9
                  Originally posted by himanshu9401 View Post
                  Same issue .
                  Hi, What is your issue can you please explain? and is it resolved?

                  Comment


                  • #10
                    Originally posted by Kannu View Post
                    Get an immigration attorney



                    I was also denied H4 under section 212a6ci & 214b on same day 12 Dec. My case is exactly the same. Even after showing a valid certificate of marriage and few wedding pictures along with engagement photographs to prove genuine nature of our relationship consular officers made an misrepresentation finding. The US law states that if a marriage is legally valid in place of celebration plus it is a bona fide marriage then it is also valid for Visa adjudication so the determination of inadmissibility is legally incorrect The interview outcome seemed like premeditated because from the very beginning they called our marriage as **** without even asking questions. While interviewing they gave ridiculous arguments and stubbornly kept forcing me to accept that marriage is ****. Their arguments was based on number of people who attended ceremony and the dress we were wearing. However neither Indian or US law gives specific direction about it. They wanted me to tell that we have a grand wedding planned in future when we will perform all rituals. Since it was not fixed I told them that I am not sure if there will be any grand ceremony and what rituals are going to be performed. They took it a misrepresentation after they scanned my phone and read a chat about a future wedding plan. I told them that I am married as per all the rituals in presence of few relatives and the future wedding is just a social function. There were other chats also which could prove that I am married but CO deliberately ignored all the positive evidences. An Indian officer acted like a marriage law expert somehow persuaded the American officers that the marriage is ****. I really doubt her understanding of Indian rituals as well as the law.

                    There are some options available to overcome this decision but not much hopes. You can submit a request for reconsideration or apply for a waiver if they have recommend it already. If they haven't recommended it on refusal then you can ask them for a waiver recommendation. I would suggest that immediately seek consultation / representation from an expert attorney. Hope that you will get it resolved.
                    Have a good luck !
                    Hi Kannu,

                    was your case resolved? how did you represent the case next time? please help.

                    Thank you!

                    Comment

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