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H4 Application Delay H Visa

Discussion in 'Investment, Work Visa' started by CanadianInUS, Sep 21, 2005.

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  1. CanadianInUS

    CanadianInUS Law Topic Starter New Member

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    If any one can provide some guidance it would be much appreciated.

    I am a Canadian in the U.S. on a H1B visa.
    I married my husband a Nigerian citizen in Oct 2004.
    Nov 2004 he applied for a H4 visa at the U.S. Embassy in Nigeria.
    After numerous visits and additonal requests for documentation his case was placed with the Fraud Prevention Unit at the Embassy in March.
    Many more interviews later the FPU has determined that we have a legitimate marriage.

    The issue at this point is the interviewer has requested that my husband provide documentation that he has applied for Canadian permanent residency.
    Canadian permanent residency for my husband requires my sponsorship.
    I am unable to provide the necessary documentation to prove when I will be returning to Canada (can be a job offer, rental agreement, deed) because I have no immediate plans to return to Canada as my H1B visa is valid until Oct 2006 and can be renewed.

    My husband was able to provide the interviewer with a expired police check, which we had gathered in preparation to apply for the Canadian residency, until we came across this sponsorship issue.
    The police check clearly states the reason it was issued was for a Canadian Immigrant Application.
    The interviewer at the U.S. Embassy in Nigeria would not accept that and told my husband he had two choice.
    1. I need to move to Canada and file an application for my husband for Canadian Permanent Residency before she would continue with the interview. (if I do that than there is no need for the H4 visa because I would have to quit my job)
    She also stated that he would as a result have no need for the H4 visa because he would than be a Canadian resident and he could than just come to the U.S. to be with me(This defies all logic as my son is with me as a dependant and he required a H4 visa and additionally I would have had to quit my job to return to Canada in order to sponsor my husband)

    2. I need to apply for a green card and once granted my husband can than come over (as my visa is employer sponsored, I cannot force them to start the green card process and besides that..the process can take many years to be approved)

    I've emailed the Chief Visa Officer of the Nigerian Embassy but have not had a response.
    Also emailed the Canadian embassy trying to figure out what documentation I can provide in our circumstances so I can sponsor him but again no response.
    State department provides an email address but responds with a generic email saying they will not be responding.
    My employer had at one point contracted their lawyers to enquire about the case but the Nigeria Embassy did not respond.

    Any guidance, suggestions would be appreciated.
     
  2. CanadianInUS

    CanadianInUS Law Topic Starter New Member

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    H4 Applicatin Delay

    Additional Information:Embassy has now stated that he has not met the requirements for Section 221(g) of the Us Immigration Law by not providing proof of a Canadian Residency Visa being 'in-process'.
    I've searched through the law but have not come up with anything valid which applies to my husband and the H4 visa.
     
  3. CanadianInUS

    CanadianInUS Law Topic Starter New Member

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    H4 Application Delay - No Response?

    I see people have read the post but no one has a comment or suggestion?
    I understand why...having no recourse against arrogant Americans who if were held accountable for their actions would be unemployed in any other sector of business save the American government!!!
    And Americans are oblivious as to why the rest of the world despises them!!
     

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