H4 visa affected by previous B2 overstay. Is it reasonable?

[mqlgap]

Hey there,

I got a question for my friend. His finance got a B2 vistor visa in 2005 and stayed in US for 6 months. After that, she went back to the home country and reentered US after 1 month and stayed another 5 months. I read the previous post and the conclusion is that: Although no strict rules about it, but it would be counted as overstay. The fact is that his finance was not a member here and don't know the consequence. At the POE for her 2nd visit, she had no problem from the officer there.

Now here is the problem. Can my fiend go back to his home country and get married with his finance and apply her visa as H-4? Will the previous record on B-2 affect her current H-4 application??

Can she just say that she don't know (because there is no strict rule about it) her previous stay was illegal ( Or is it illegal?) to help her case???

Any suggestions would be very much appreciated. Thanks a lot.

[PraetorianXI]

If she was granted 5 months on her 2nd time coming to the US, then it will not be counted as an overstay. Overstay means that the person stays PAST the expiration date of the I-94.

However, her case seems like visa Abuse... since she spent 11 months out of 1 year in the USA... that is more time as a "visitor" than at home... this will not have a good impact in her future visas.