Can my H4 visa be denied?

April 8th, 2009 | by Ridhima Suri |

In my previous post I discussed the documentation required for the processing of the H4 visa.  An appointment for the interview does not guarantee the approval of your visa application.  Under no circumstance can the visa application be processed without strict rules and regulations.  More than often people are denied the visa based on the information they present to the interviewer and lack of proper and convincing paperwork.  It is advisable to be prepared for both the consequences.

The US consulate has to ensure that people who are visiting the United States on various visas have intention to go back to their own country.  If the applicant cannot prove to have strong ties to their current country of residence or intends to permanently reside or work in US there is a likelihood of denial of the visa.

The following are some of common reasons for denial of the H4 visa to the applicant.

  • The applicant is a citizen of a country with whom United States has poor or non-existent relations.  US has very good relations with India.
  • The applicant has falsified facts.
  • The applicant is unable to produce proper paperwork like spouse’s passport or work permit.
  • The applicant has committed fraud in his application.
  • The applicant was involved in has previous visa/immigration violations
  • The applicant’s passport expires too soon.
  • The applicant has a criminal record or has criminal charges pending in the country of origin.
  • The applicant is a potential risk to the Unite States.
  • The applicant has misrepresented the reason for the journey.
  • The applicant does not have any logistics support in the United States.  In other words you have to prove that your spouse in working in an office, has a place to stay and will pick you up at the airport!
  • The applicant does not have a health/travel insurance or has a communicable disease.
  • The applicant does not have a good moral character.
  • The applicant had their previous visa application(s) rejected.  Visa application rejections are common but during your second application you must convince the interviewer that conditions from the first rejection have changed.  In other words the reasons for the previous denials no longer exist or are not applicable anymore.

For the spousal visa, the interviewing officer requires supporting paperwork and documents and a strong reason to believe that the applicant has intention to come back to the country of origin.  The officer needs to know that the applicant simply wants to stay with his/her spouse and does not have any intention to seek employment in the United States. Click here for sample H4 visa interview questions

It is better to be cautious and prepared.  Prepare a mental plan of how to get your visa application accepted and do it all right! Got questions? Go to H4 visa forum to discuss your concerns.

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  1. 5 Responses to “Can my H4 visa be denied?”

  2. By Desperate on Jan 21, 2010 | Reply

    Hi – My wife is pestering me to go onsite but no one is wiling to file H1 for me since I am in IT but in support function…..

    If my wife applies for H1(she is a s/w programmer)can I apply for H4 based on it? will there be any issues??

    pls let me know…thanks….

    -Desperate Hubby

  3. By Kyawt on May 10, 2011 | Reply

    I am from Myanmar and working at Sg and got PR in SG.
    My husband is also from Myanmar he is now working at US hold H1b
    We married at Sg last March

    I applied B2 Visa twice but didn’t get
    Feb-2010–Reason for reject—I didn’t have permanent job(I have contract one)
    Sept-2010-Reason for reject—Sponsor is not citizen (My bf is sponsor)
    I plan to go interview for H4 Visa at Sg.
    Should I go back to Maynamr or Sg for H4 Visa appointment?

  4. By Ridhima Suri on May 12, 2011 | Reply

    Hi Kyawt,

    I am sorry for not replying earlier but I just took time to ask people who were in a similar situation in Singapore.

    I am not a lawyer but I think you should apply in Singapore for the H4 visa. Get all the paperwork in place and tell them that you want to accompany your spouse who is on the H1 visa. Carry all his job-related papers like salary slips, I797, etc.

    I really hope you can get the visa! We wish you all the best.

    -Ridhima

    This is not legal advise. IANAL

  5. By priya on Feb 1, 2012 | Reply

    is birth certificate needed for h4 visa?

  6. By Ridhima on Feb 1, 2012 | Reply

    Priya-your passport should have your date of birth so that should be ok.

    Please come back and tell us how it goes. Good luck!
    Ridhima

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