H4 overstay more than 180 days | visa status issue

My wife and two kids (all on H4) traveled to India recently for visa stamping via the Dropbox option due to overstay beyond 180 days.

My wife submitted DS-160s and passports with 2 kids.

Kids’ visa statuses are now showing as “Issued” on CEAC but Wife’s status is showing as “Refused” on CEAC and their passports are marked as “Delivered to Post” on the USTravelDocs portal.

Her passport has not been returned yet.

We have not received any 221(g) email, request for documents, or call for an interview.

No message updates inside the USTravelDocs account either.

Is there any chance of denial of visa due to overstay issue? Since kids visa status is showing issued, can we consider the positive sign that all 3 visa can be approved soon.

Please advise

Did spouse work (like using H4 EAD) in her overstay?

It seems embassy is trying to verify it before they can issue the visa.

Also, generally the minor kids do not accrue overstay but an adult does.
So, embassy needs to get the waiver approved for your spouse before they can issue the visa.

It is indeed a positive sign that they did not reject it and did not call for interview.
Just wait and she should get it soon.

It seems that their passports are in-transit and to be delivered by tomorrow, not sure whether they will get any letter to appear for an interview along with passports or they will get their visa stamped..


@anil_am22 : issued visa for kids and my wife received 221g to appear for interview with thr proof of over stay, Is that ok to bring my wife i94 for submitting proof of over stay. Is there any other document she need to take for interview in the regards of proof of overstay,.Please suggest

I suggest to take your flight ticket print out to prove the date she left along with i94.

Hi @anil_am22 ,

Today my wife has attended interview at chennai consulate, they have returned the passport and issued the below letter, will this process take long time to get the waiver? My wife and kids are stuck in india now.. is there any chance it can process further for visa issuance within one or 2 month

Thanks
Saravanan

Hi @anil_am22, based on 221g, waiver submitted by consular, Should I wait till waiver process completed, Is there any other way to speed up this kind of 221g. I have hardship reason to say that my child’s was attending school in USA with special Needs (IEP). Now it got distubed due to this delay in getting my wife visa.

I am afraid that you will have to wait.

@Baskar_PK can we connect once i am also on same boat.

@Happyman_123 pls message me

Hi @anil_am22 reaching out to congressman will help to expedite the 221g waiver?

There is no harm in trying.