Rangely, CO Immigration Law Firms & Lawyers

Your husband’s employer can give verification in the form of a letter to U.S.C.I.S. that his H-1B extension petition for your husband was sent out on a timely basis along with your H-4 extension request. The employer can further provide a copy of the paperwork along with proof of delivery to U.S.C.I.S. Then it will be incumbent upon U.S.C.I.S. to search its own records for your H-4 extension filing. U.S.C.I.S. generally does not give grace periods past the last date on responding to a request for evidence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

The immigration violations of another country are generally not bars to admission to the US as they do not generally involve crimes of moral turpitude. That being said, such could be taken into account in a discretionary decision of a US consular officer as to whether to issue a nonimmigrant visa. The favorable factor in your fiancé’s case is that she is applying for a nonimmigrant visa that does not require a showing of nonimmigrant intent and is largely based upon a determination of whether your relationship is bona fide. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

This gets complicated, but the mother must request her immigration file. This can take time. It is unclear if all of the documents are available. There may be another way to find out additional information more quickly with your mother's consent. I strongly recommend an appointment with a competent and experienced immigration attorney before you do anything. The above is general information, not legal advice and does not create an attorney client relationship.