The Woodlands, TX Immigration Law Firms & Lawyers

You should be fine as long as you withdrew your application (and it wasn't denied because of a fraudulent marriage). You should be able to refile based upon your new bona fide marriage.

Although not completely clear to me, it sounds like you step-mother wishes to come to the U.S. to visit for a short time and then return abroad. Generally, applicants for such a visit need to apply for a visitor visa (a visa in the B1/B2 nonimmigrant visa category). That type of application is handled through the U.S. consulate's office in the foreign national's country, and part of the process includes providing documentary evidence to show a genuine intention to visit temporarily and then return home. Typically that type of documentation includes evidence of one's ties to her country, such as evidence of a temporary leave of absence from work, evidence of continuing to have a home abroad, evidence of financial ties abroad, evidence of other family members remaining abroad, etc.

The name is an issue, but a bigger issue is how she entered the US, with a foreign passport with another name, a US document or if she made a false claim to citizenship. If she used a PC passport, then you must see if she qualifies for a waiver based on an extreme hardship to a qualifying US relative.