Hey guys,

One of my frens is on H-1B visa. He is trying to marry his GF who happens to overstayed here in the U.S for a year or two. So, needless to say, she is out of status. She came on a tourist visa for 6 months but deicided to roam around the country w/out exyending her visa ;) ... ..and she is still here....hehehhee
Anyway, the questions is- if he marries her what are the chances that she will have the dependent visa (H-4)? Do you guys think that the US embassy in Nepal would allow such person to come back again on a different visa?

No way... She will never be allowed to U.S.A. Even she marries your freind they won't adjust her status. I am sure.

If they go back and marry . The chances are high as the embassy won't exactly know if she returned or not. Naya passport banayo bhanee travel record hundiana.

Peace

I like DUKE's option...however the risk is there but I think she has a high chance to get visa with a new passport and new last name under her husband. Good luck......

My suggestion to Mr. Exposer is that you should not be worried about the status of your GF rather than your future. If you r really in love, does not matter wherther you stay you have your status of Husband and that's it.

Hopefully, the consular in Nepal is not reading this thread. LOL!

Good luck neo-love-birds.

I do not think New passport options will fly in her case. DHS and State Department strictly takes finger printing while she entered to US and before issuing the visa respectively. If she is already out of status for more than a year, then there is chances that she will not be able to get the visa in Nepal. Its automatic 10 year Bar to apply the visa if you overstayed more than a year in US. there is three year ban, if you over stayed more than 180days.

Best scenario for her is to stay in US illegally. There is a pretty good chance that New Visa Reform Bill -which might be discussed both houses before July, it might bring some sort relief for so called illegal aliens in US including her - and go from there.
they can still marry anytime -- but do not file the for H4 Change of status w/USCIS since she is already illegal. if you do file for it, USCIS might be obliged to issue her a Deportation order - which might just block her remaining ways to adjust the status down the stretch.

Also, if she gets married w/US citizen, she will be able to get a Greencard even though she is Illegal. I do not recommend her to dump her BF who is on H1B and look for US citizen.

Thank you all for the promt response. Everyone has a valid point.

Beltran, your elaborated answer matched my speculation. I suggested them the same thing. But U.S. Congress do lot of talking ONLY during the election...so, can't really depend on that. I guess they will have to take the chance and get married.
Anyway, I appreciate all your help guys.

High chances of getting Visa if there is a new passport with name, if she has not previously been fingerprinted. Highly not recommended to alter and falsify information.
Secondly, if she marries a US citizen, she will not be subject to 10 year bar, as she can apply for 601 waiver, as Spouse of US citizen.
Hope it helps.

If she entered as tourist visa, and over stayed for one year or so.. there is more likely that she is finger printed! (it was introduced long before that) Better option - wait and see .. if something good happens .

Go back to Nepal. Get married. Come back with H1/H4 visa. Don't need to change passport or anything. Immigration knows when people come in here. But they won't know when they went back, unless they submit their I-94 when going back.
One thing of caution is ofcourse the transit visas on the way back to Nepal. Try to avoid the countries which need transit visa....since they might put entries in your passport.
Another way is continue to stay here..apply for refugee or something like that...but she will never get H4, if she applies for change of status here.......just a thought...don't know if anybody has tried this before....