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deep_usa

Had awful presence in US for couple of weeks.. will it cause problem during H4 stamping..??

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My wife had an awful presence (for 20 days) in the USA after her I-94 expired. As I was not aware of the immigration regulations, hence this confusion happened and I could not file for her H4 extension along with my H1-B extension. The moment we came to know about this illegal stay after 20 days, immediately she traveled back to India.

Now, we are planning to go for her H4 Visa stamping in Hyderabad by end of this month. The question is:

1. Is her awful stay in the USA (for 20 days) going to cause any issue during the H4 stamping..??

2. Do I have to mention about this illegal period of stay in the DS-160 form..?? If Yes, then What "Reason" I should provide.

I need some expert advise here as now a days Consulates are doing lots of checks and creating many issues during stamping process.

Appreciate your help and guidance..!!

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@pontevecchio:

Thanks a lot for your response.

Yes, saying awful presence meaning Out of Status.

My 2nd Question is, whether I should mention her illegal stay period (20 days) in the DS-160 form during stamping or not. If yes, then what reason I should put in the form.

Appreciate your feedback.

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Deep_usa, You could have travelled to Mexico/ Canada and come back instead of India - provided your visa is still valid even though your I-94 expired.

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My H1-B VISA and I-94 expiry was the same, hence my wife had no choice other than going back to India.

Please suggest me whether I should mention my wife's illegal stay period (20 days) in the DS-160 form during stamping or not. If yes, then what reason I should put in the form.

Appreciate your response.

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Any suggestion. Need help..!!

Should I mention my wife's out of status stay (20 days) in the DS-160 form during stamping or not?

If yes, then what reason I should put in the form. Can I mention that, I was not aware of the immigration regulations..??

Please suggest..!!

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"Please suggest me whether I should mention my wife's illegal stay period (20 days) in the DS-160 form during stamping or not. If yes, then what reason I should put in the form."

Don't mention. Everyone has a chance to stay for 2 months after Visa stamp expiry also. The chance is given to pursue other options and change of status to other visas if possible.

So, even if your wife stayed for 20 days, it is fine.

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"Don't mention. Everyone has a chance to stay for 2 months after Visa stamp expiry also. The chance is given to pursue other options and change of status to other visas if possible"..

Is this applicable to people who are currently Out of Status..?? Because my wife was out of status for 20days as her I-94 was expired.

Also, one more question. I've filled up a DS-160 form and based on that we have taken a PAI date in Hyderabad consulate. Not I could see that, one information is missing in the DS-160 form.

1. Can I create another DS-160 form and append with the original one.

2. Will consulate consider change to DS-160..??

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Anybody in your situation should seek legal advice.

It is very easy to book a 20 minute telephonic appointment with Murthy's experienced attorneys. It costs only 200 bucks.

I am not from Murthy's office but I did take their help whenever I am in trouble.

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