H4 visa 221g due to spouse NIE refusal

USA H4 Visa
1

Hello all,

My wife recently applied for her first H4 visa and went to the interview at Delhi embassy, while I was still in India after our wedding. Due to the travel ban being implemented during my stay in India, I applied for an NIE 3 times and got rejected each time (I am a software engineer in Seattle). Her visa was rejected on 221g because they wanted to see my NIE which was rejected, so she did not have it. I am currently in a third country and will hopefully enter the USA next week.

My question is, should I ask her to submit my arrival I-94 as proof that I am in the USA, or should she be going for a new visa interview appointment now that I will reach the USA?

2

She may apply for NIE on family separation basis to the same consulate she applied for visa and if approved send the NIE approval email to the consulate requesting to approve her visa.

It is not advisable to do a new appointment if you have been issued 221g and the decision is pending.

Also if you work in any of the below industries, you may qualify for NIE and should get a well drafted NIE letter from your employer.

3

Hi Kalpesh,

Thanks a lot for your reply! I work for Amazon in the Prime Video department. I’ve applied for NIE 3 times during the time I’ve been in India, and all 3 times it has been rejected, so I’m now in the Maldives, staying here for 15 days and will be going to the USA early next week.

As for my wife’s NIE, is your recommendation that I apply for it as soon as I reach the USA? She doesn’t have her visa, but a family separation case definitely applies to her. Has this worked for other people who are in my situation (where the husband doesn’t have a NIE but the wife gets it based on family separation case)?

Thanks,
Dev

4
5

Hi Kalpesh,

Thank you for sending this link! However, I do not see any experience that exactly matches the situation I am in. Could you please help guide my next steps?

Thanks,
Dev

6

Did you check the below experience in the link I provided? There is a case where husband is in the US and wife/kids in India.

6 Experiences – NIE Approved for H4 – Family Separation

7

Hi Kalpesh,

Are you referring to the one where the person applied for NIE for his wife from the USA and was asked for NIE justification for himself even though he was in the USA (Experience 1)? In my case, if I apply for a NIE for my wife, wouldn’t they ask for NIE justification for me? My NIE has already been rejected thrice. Could you advise how my wife would get an NIE when I’ve not gotten one?

Thanks,
Dev

8

Have your wife tried applying based on family separation? If not have her try once you reach the US

9

Thanks for your prompt replies, Kalpesh! I will hopefully be reaching the USA in a couple of days. I will definitely ask her to apply for a NIE once that’s done.

However, I have a question: Can one apply for NIE if they do not have a visa yet? Since my wife’s first Visa attempt is on 221G and they require my NIE for it, which I do not have, can she still apply for her NIE without the H4 visa stamp in her passport?

Thanks,
Dev

10

Have her send the request and mention that her visa is on hold due to NIE. If approved, send the approval to the consulate and request to approve the visa based on the approved NIE.

11

Hi Kalpesh,

Thank you again for your most helpful and clear reply! Can I ask you to point me to examples of NIE emails that people have written who are in my situation?

Thanks,
Dev

12

You can draft one based on your situation. Your wife can mention that you guys are newly wed couple and wants to be together asap and that it is causing lot of emotional distress to you and your wife both.