h4 stamping when planning for divorce

[sudayraj]

hi, i have a similar query.....my sister is about to file for divorce in india. My brother in law's H1B visa has expired on Jan 05th 2013, so is my sister's. They have got an extension, now they came to India in the last week of May 2013. If my brother in law does not provide necessary documents for my sister's stamping, her visa shows that she had an illegal stay in USA from Jan to May. My sister has plans to go for Master's on F1 visa, but her visa shows extra stay in USA which could be an issue. Can you please suggest some other alternative IF my brother in law does not provide documents for stamping.....please help !

[pontevecchio]

Visa expiry has no connection to validity of stay. Surely you have some healthy hale and hearty male members of the family who can politely lecture the culprit on the facts of life. If violence was ever attempted you have leverage. Go to the police if they do not return the Passport.

[sudayraj]

firstly, thanks for the reply.....we have the passport with us, but the problem we thought was just the duration of stay. We where thinking if my sister went for F1 visa later, the visa officer would question her extra stay ( i.e Jan to May ). So you mean to stay her stay in the USA from Jan (her date of visa expiry) to May (her date of departure) is not an issue ?

[sudayraj]

Visa expiry has no connection to validity of stay. Surely you have some healthy hale and hearty male members of the family who can politely lecture the culprit on the facts of life. If violence was ever attempted you have leverage. Go to the police if they do not return the Passport.

Firstly, thanks for the reply. Sir, I dint get ur point. We have my sister's passport with us, what we were concerned about is her extra stay in the USA after her visa expiry i.e from Jan (visa expiry date) to May (departure date). They have an extension but she can get the stamping done only when my brother-in-law provides her necessary documents required (his passport xerox, pay slips etc) . In case he doesnt provide , do u think that would effect her future prospects of flying to the US. I was told staying in the USA after expiry of visa is considered to be a fraud and would effect future prospects of going there on other visa.

[pontevecchio]

You say that they got an extension of stay . It is unlikely they were out of status. When did the first H1 petition expire? The stay is the least of her worries. She needs to get admission to a reputable college and that takes an year and then she has a good chance of getting the F1 visa if she has the finances.

[sudayraj]

You say that they got an extension of stay . It is unlikely they were out of status. When did the first H1 petition expire? The stay is the least of her worries. She needs to get admission to a reputable college and that takes an year and then she has a good chance of getting the F1 visa if she has the finances.

Yes Sir, they got an extension for stay,but my sister has no papers which show that they had an extension, neither does she have stamping on her passport. So you mean to say, her extra stay from Jan 5th (date of expiry) to May 23rd (date of departure stamped in the passport) has nothing to worry about ? and when she goes for F1 interview, if the visa officer questions her about the extra stay, what should be her answer ? as she does not have any paper showing her grant of extension ? and because she is planning for divorce, we are not sure if her husband would give her necessary documents.

[pontevecchio]

What extra stay? If they got an extension it is in the databases of the USCIS. Her spouse has nothing to do with it. Where is she thinking of studying? Is the divorce amicable or not? Has he ever threatened her? You get the drift.?