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My wife was born in country A, and recently acquired the nationality of the country we live in, country B. She currently holds a valid passport for country A with a valid US visa.

I am a citizen only from country B and my US visa has just expired and I need to apply for a new one.

In order to save time, money and also possibly ease the US visa approval process, we would like to apply at the same time for my new visa and a visa for her but in passport B.

If approved, this would leave her with 2 valid visas on 2 valid passports from different countries. Is this allowed under US law? Is it convenient?

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    Why can't she just use the US visa she has in her old passport? – ajd Jan 16 '18 at 19:21
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    She can, this is more a matter of convenience for when she inevitably has to renew her own visa. Since she is currently unemployed, we think it shows stronger ties to our country if we go together than if she requests on her own. – GCT Jan 16 '18 at 20:58
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    As you are legally married, any visa official will consider your joint circumstances when deciding an application. It is quite normal for one half of a couple to financially support the other and so not necessarily bad to not be in paid employment. Are there any other complicating factors such as changing her name or one passport being from a country the USA restricts? – user16259 Jan 17 '18 at 13:43
  • Not that I am aware of. Thanks for the information. – GCT Jan 17 '18 at 19:41
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There's nothing in US law prohibiting it. Even if there were, she could always get the current visa cancelled when the new one is issued, which is standard practice for an early renewal of a visa in the same country's passport.

There's unlikely to be any benefit, however, to an early visa application. She can -- and should -- always mention her marriage to you and your visa number when she applies for a visa, regardless of the passport she uses. It's not necessary for your applications to be submitted together, and it's certainly not the case fat they would disregard your marriage because you present yourselves with different nationalities: there are many couples who do not share nationality.

If she waits for her current visa to expire, she can apply using either passport for the subsequent visa. In fact, she's probably more likely to receive extra scrutiny if she applies for the next visa using the current passport before the current one expires. The extra scrutiny probably won't go beyond "why are you applying now when you already have a valid visa?", but you never know.

Further information: the US Foreign Affairs Manual permits consular officers to issue concurrent visas in a dual national's passports only if the visas are of a different type. See https://fam.state.gov/FAM/09FAM/09FAM040309.html:

d. (U) Dual Nationals: A dual (or multiple) national who possesses a passport for each country of nationality is permitted to have a visa issued in each passport, provided the visas are of different classification.

Therefore, if your wife applies for a new B visa before her current B visa expires, the old visa should be cancelled, regardless of which passport she uses.

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