U visa for wife Question

[Laetitia]

I am contacting you regarding an immigration issue.
My husband lived in the US (Florida) for over 13 years.
We met over there and filed a U-2 visa application to join myself to his U visa.
My petition was then denied as we were not married at the time that he filed for his U-1. However at that time, USCIS had not approved his petition yet.
Therefore, we got married and filed for mine while his was still pending.
Finally last November, he received his status after 5 years of waiting
Several attorneys informed us that it was possible for myself to be granted a U-2 but it would be at the discretion of the consular officer (we are currently in France).
This is something that I don't fully understand as other attorneys say the opposite as they have not been able to find such a law.
How can we know who is correct?

[kumar]

I am contacting you regarding an immigration issue.
My husband lived in the US (Florida) for over 13 years.
We met over there and filed a U-2 visa application to join myself to his U visa.
My petition was then denied as we were not married at the time that he filed for his U-1. However at that time, USCIS had not approved his petition yet.
Therefore, we got married and filed for mine while his was still pending.
Finally last November, he received his status after 5 years of waiting
Several attorneys informed us that it was possible for myself to be granted a U-2 but it would be at the discretion of the consular officer (we are currently in France).
This is something that I don't fully understand as other attorneys say the opposite as they have not been able to find such a law.
How can we know who is correct?

Not sure weather consular can grant U-2 or not but you can call them and find out. But you are eligible for U2 visa and there is no reason for USCIS denying your application if you have submitted all required documents

[1504.LOVEGOD]

[QUOTE=Laetitia;8644]I am contacting you regarding an immigration issue.
My husband lived in the US (Florida) for over 13 years.
We met over there and filed a U-2 visa application to join myself to his U visa.
My petition was then denied as we were not married at the time that he filed for his U-1. However at that time, USCIS had not approved his petition yet.
Therefore, we got married and filed for mine while his was still pending.
Finally last November, he received his status after 5 years of waiting
Several attorneys informed us that it was possible for myself to be granted a U-2 but it would be at the discretion of the consular officer (we are currently in France).
This is something that I don't fully understand as other attorneys say the opposite as they have not been able to find such a law.
How can we know who is correct?[/QUOTE u1/ your husband must file new petition using form i929 not supplement A. Supplement A is for marriage before submit u petition but form i929 is for marriage after submit u petition. Please find out yourself about form i929n

[Laetitia]

Thank you for your answer but my husband just got his U status, the i929 that you spoke is when the husband asks for the green card... it's too early now, we are still outside the country

[Leah]

Thank you for your answer but my husband just got his U status, the i929 that you spoke is when the husband asks for the green card... it's too early now, we are still outside the country

Hi. I thought I would just attach the answer directly from a link. You can hopefully use it to find out any further follow up questions. Best of luck

Answer
The spouse of a U visa holder can’t get a U visa in the traditional way, as a derivative (who obtains benefits through the primary applicant). All is not lost, however, so keep reading.

In order for your spouse to have gotten a U visa with you, as a derivative, you would both have had to have been married to each other at the time that you applied for the U visa. According to the facts you've set forward, you got married after you applied for your U visa, such that your spouse does not qualify as your derivative.

Here is the better news – if and when you apply for lawful permanent residence (a green card), your husband also has a chance to apply.

After three years in the United States in U nonimmigrant status, a person can apply to adjust status -- that is, to become a lawful permanent resident and get a green card. This doesn’t work for everyone; there are a few more requirements, as explained in Nolo’s article, “Will a U Visa Ever Lead to a Green Card?”.

[Laetitia]

I Don't think you understood
We are not at the green card stage yet, my husband just got his u status.
The problem is the following: how I can accpagnying him if I can't get the U2?
We were told that the embassy can still issue me at the officer discretion, I want to know if other people have been in this situation or have heard about this
This is a complicated situation, I cannot be separated from my husband

[kumar]

When I applied in sept 2014 I am unmarried. Got married in Jan 2017 and applied U2 visa for my wife in June 2017. In april 2018 both I and my wife received DA. U visa are difference not sure consular can grant you U2 visa. You need to apply for U2 visa with USCIS submitting all your marriage registration documents or any other supporting documents etc.

[Leah]

I Don't think you understood
We are not at the green card stage yet, my husband just got his u status.
The problem is the following: how I can accpagnying him if I can't get the U2?
We were told that the embassy can still issue me at the officer discretion, I want to know if other people have been in this situation or have heard about this
This is a complicated situation, I cannot be separated from my husband

Hi. Sorry. It isn't possible to join a u visa if you were not married at the time. That is I guess what you are asking. I have never heard of discretion for such a case but that doesn't mean it isn't possible. The problem is if you apply and get denied you might raise a red flag if you try and enter the country. As your husband has his u visa he can return to the states and work. You can possibly come with him but I would actually travel ahead of him by a day or so. That way once you have entered legally he can apply for your aos once he becomes a citizen and it wouldn't matter that you were out of status. There is no easy answer for any of us it is all a waiting game. I would enter the country legally and wait until he can apply for your aos. You can apply for a visa. That way you can stay for a few months at a time. Return for a short period to France and then rejoin him if you don't want to be out of status. I will ask around to see if anyone has heard of a similar case.

[Laetitia]

When I applied in sept 2014 I am unmarried. Got married in Jan 2017 and applied U2 visa for my wife in June 2017. In april 2018 both I and my wife received DA. U visa are difference not sure consular can grant you U2 visa. You need to apply for U2 visa with USCIS submitting all your marriage registration documents or any other supporting documents etc.

Hello and thanks for replying,

This is the exact reason that they refused my petition, because me and my husband got married 5 months after he filed his U-1.

According to U Visa law, to be considered a qualifying family member, relationship between the primary applicant and the spouse must exist at the time of the principal applicant's filing.

Since USCIS received my husband's petition on May 1st 2014 and we got married September 22nd, 2014, my petition which was filed on May 5th 2015 got denied.

So what documents did you provide USCIS to get your wife to be approved for U-2 even though you got married 3 years after you filed your U-1?

[kumar]

just marriage certificate

[Laetitia]

just marriage certificate

Only this document ?
how much time it took for their reply ?
on my U-2 denial (which was filed while my husband's U-1 was pending) it says that I did not qualify as a qualifying relative because we were not married at the time of his filing.
So I'm not sure why this would change whether he is approved or not yet. The marriage date is still after he filed no matter what.
Obviously on the denial letter they did not specify that I would be approved if I re-send another application once he's been approved..