Request on Information on Visa of Spouse of E31 Visa

[igoyougoduke 1,622]

6 hours ago, Demise said:

Not an LPR until she arrives in US. According to 9 FAM 502.1-1(c)(2)(b)(2)(b), it does include spouses and children acquired before admission of the principal:

"Spouse or Child Acquired Before Admission of Principal Applicant:  A spouse or child acquired before a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the time which may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant."

 

Messy situation but OP should be able to follow to join as an E34. According to ***removed*** (not the best source but google isn't being very helpful) the correct thing would be for OP's wife to show up at the consulate with her visa, marriage certificate, and a DS-260 for OP. If the consulate sent the case back then the correct thing would be to file I-824 and work from there.

Very interesting if this is even possible once her visa is already issued . My guess is this is uncharted territory but why didn’t OP wife add him before the visa issuance 

[Demise 1,140]

2 minutes ago, igoyougoduke said:

Very interesting if this is even possible once her visa is already issued . My guess is this is uncharted territory but why didn’t OP wife add him before the visa issuance 

Yeah it's one of those weird situations but otherwise consistent with law. Take the flip example of child IRs, F1s, child F2As, F2Bs, and all child derivatives (F1-F4, EB1-EB5, DV) have to be unmarried until you enter US or adjust status. After admission/AOS you are free to marry.

Edited July 3, 2023 by Demise