Visa application after overstay

[ipt2017]

I am a Canadian citizen working in the USA with TN visa. My wife who is from Bangladesh was here on TD visa (valid until February 5, 2017) with me and our US born son. We submitted I-539 to extend her status on February 2, 2017 and she continued to stay in the USA waiting for the approval. Few months ago we realized her I-94 has expired on January 3, 2017 and she immediately left the USA (June 14th, 2017). Now I have received the decision letter (I797 A) informing that her application for extension of stay has been approved (valid from February 2, 2017 to January 7, 2018).

Since she already left the USA, she will now apply for visa again from Bangladesh. I would be very thankful if someone can answer the following questions:

A) Did she overstay one month (January 4^th to February 1st) or the whole stay after her I94 expiry until she left the USA (from January 4^th to June 14) will be considered overstay?

B) What would be the best way to approach this during the visa application? Should we prepare a letter explaining the mistake and also submit copy of the I 797A with the application material? Is there any additional material we need to submit?

 

Any suggestion regarding this will be really appreciated.

[MurthyIndia_Lawyer]

From the given information it is not clear if your wife received a shortened/truncated I-94 during her admission into the United States. It is suggested that you get your wife's documents reviewed by a qualified attorney ahead of the visa interview to address if there is any overstay.

If you need any assistance with this matter, feel free to contact one of our Attorneys at Murthy Immigration Services, India. More information can be found here www.murthyindia.com.