H4 visa legal problem

[shah123]

Hi,

I did my masters in USA and currently I hold valid H1B visa. My wife is in India. Her father came to USA 3 years back on visitor visa and didn't go back (stayed here for more than 6 months straight which is illegal). My concern is there would be any legal problems in my wife's H4 visa processing. Interesting thing is her father's name in his passport is "xyzChandra" and in my wife's passport it is "xyzbhai". hence I assume it would be difficult for them to realize that both are same. Also there is no departure record of him.

Thanks.

[shervin143]

Her father overstaying on B1/B2 will not impact her H4 visa process.

[shah123]

Thanks for quick reply.
Apart from visa processing, I am more worried about her interview at Indian embassy. How much deep Visa Officer digs down during interview? Does she need to submit any documents projecting his father's work, income, etc.
Also if things get revealed, she won't get visa forever. May it bring any problem to my stay or future extension process.

[shervin143]

Like I mentioned earlier, H4 has nothing to do her father or mother. H4 is based on H1B (Spouse who is in H1B status).

1) Whether the H1B holder has/is maintaining the valid H1B status.
2) Has the H4 applicant mainated a valid H4 status in U.S.
3) Whether the H1B holder's employer is following all the H1B regulations and is an employer-employee relationship being mainatined.
4) Are there any criminal background associated with the H1B/H4 holder.
5) Are all documents in place to deceide whether to issue the H4 visa or not.

Thanks for quick reply.
Apart from visa processing, I am more worried about her interview at Indian embassy. How much deep Visa Officer digs down during interview? Does she need to submit any documents projecting his father's work, income, etc.
Also if things get revealed, she won't get visa forever. May it bring any problem to my stay or future extension process.