Hello Anil,
Hope you are doing well.
Last year on April 25th, 2024 my wife attended h4 visa at Hyderabad. She overstayed for 188 days due to some medical reasons. At the time of the interview, VO didn’t confirm the ban and also mentioned that no need to apply again. They will inform us once they have any updates. Till now I haven’t received any update it’s under admin processing. Also, my attorney from Murthy Law Firm submitted G28 and a waiver package to the consulate on December 03, 2024. No updates not even acknowledged the email. Not sure what’s happening. It has been 257 calendar days (172 working days) since the interview, and we are unsure of the current status or the next steps in this process.
These are the interview questions
Applicant: Good morning, Officer. How are you?
Officer: Good morning. Which visa are you applying for?
Applicant: I am applying for an H4 visa.
Officer: Where are you currently residing in US?
Applicant: I live in Texas.
Officer: I see that you’ve overstayed your visa for more than six months. Could you explain why?
Applicant: My overstay was unintentional, Officer. I mistakenly assumed that my H4 visa would be automatically extended along with my husband’s H1B extension. I sincerely apologize for this misunderstanding and assure you it will not happen again.
Officer: That’s not a minor mistake. “I didn’t know” is not an acceptable excuse. When did your husband go to the U.S.?
Applicant: He went after our marriage. (Pauses, thinking)
Officer (interrupts during the pause): How can I know when your marriage was?
Applicant (quickly): He travelled to the U.S. on January 19th.
Officer: Can I see your husband’s visa?
Applicant: (Hands over the visa copy)
Officer: This has already expired. How can I be sure your husband is currently in the U.S.?
Applicant: (Submits the I-797 form) I also have his pay stubs if you need them.
Officer: I don’t need those.
Officer: (Opens the passport and points to the visa stamp) What is the expiration date of your visa?
Applicant: September 30.
Officer: How could you assume that your visa would be extended just because your husband’s H1B was extended? You overstayed by more than 240 days.
Applicant: It was unintentional, Officer. I wasn’t in a good state of mind. I had a miscarriage during that time, and it deeply affected me emotionally. Both my husband and I were going through a difficult time.
Officer: So, you’re saying you want to have children and obtain citizenship through that?
Applicant: No, Officer. That was never my intention. I was pregnant before my visa expired, and the pregnancy had complications from the start.
Officer: (Interrupts) when were you pregnant?
Applicant: Between the last week of August and the first week of September.
Officer: I can’t approve your visa at this moment. Do you have any questions for me?
Applicant: Should I reapply?
Officer: No, there’s no need to reapply. You can wait for further updates. (Returns the passport)
Applicant: Thank you. (Leaves)