Overstayed Visa

[AVISA 0]

I have a quick question for one of my friends who is also filing for his wife in few months time. His wife had overstayed under her previous passport that had her name before married. However, now they have new passport that has the husband name. Now he wants to apply as married couple to USA but not sure if this will create any problem as she went back to her country last year in August 2007. They are applying for K3 or CR1 for USA.

Any advice. would there be any problem with USCIS, NVC, or at Consulate in India.

[maya62 7]

AVISA, this little corner of VJ doesn't get enough traffic, in my opinion, for a question like yours.

I suggest re-posting your question in either the K3, CR1, or waiver forums to get a good answer (or several). I believe overstays can get you banned, depending on the length of the overstay, so she may need a waiver, which is why I include that forum as one of the suggestions.

And the name on her passport shouldn't and probably won't matter. Of course she must answer all questions about previous visits truthfully (and it will be asked on her application), no matter which passport she was using. Lying will get her a ban for sure.

Good luck to your friend.

Maya

Edited August 22, 2008 by maya62