Unlawful Presence less than 180 days

[Coolwaters]

My wife-to-be withdrew her permanent residency application (based on a previous marriage) and has now gone back to India before the 180 day tolling period (that creates a 3year ban on re-entry). Given that she does not face the ban but yet has accrued unlawful presence of about 150 days, will a future H4 application (based on marriage to me, an H1B holder) be a serious problem? Someone please help.

 

[ginnu]

My wife-to-be withdrew her permanent residency application (based on a previous marriage)
---- post the facts of the case. what do you mean by "withdrew her permanent residency application" was she on H4 or was on H1B or she filed derivative I-485 with her spouse? what she has withdrawn???

and has now gone back to India before the 180 day tolling period (that creates a 3year ban on re-entry).
--------- if her I-485 was pending then she was not not staying illegaly, if she was on H4 was her H4 extension was not filed before her I-94 expiry date?
Given that she does not face the ban but yet has accrued unlawful presence of about 150 days,
--------- let us know in details how she accrued unlawful presence of about 150 days,

will a future H4 application (based on marriage to me, an H1B holder) be a serious problem? Someone please help.

 

[Coolwaters]

Thanks for the response! Please see my comments below...

My wife-to-be withdrew her permanent residency application
------- (I 485 - based on a previous marriage to a US citizen)

and has now gone back to India before the 180 day tolling period (that creates a 3year ban on re-entry).
------ She withdrew her application about 150 days ago.

Given that she does not face the ban but yet has accrued unlawful presence of about 150 days,
------- She accures unlawful presence starting from the date on the USCIS letter that confirms the withdrawl of her I 485 petition.

will a future H4 application (based on marriage to me, an H1B holder) be a serious problem? Someone please help.

 

[ginnu]

Thanks for the response! Please see my comments below...

My wife-to-be withdrew her permanent residency application
------- (I 485 - based on a previous marriage to a US citizen)

and has now gone back to India before the 180 day tolling period (that creates a 3year ban on re-entry).
------ She withdrew her application about 150 days ago.

Given that she does not face the ban but yet has accrued unlawful presence of about 150 days,
------- She accures unlawful presence starting from the date on the USCIS letter that confirms the withdrawl of her I 485 petition.

will a future H4 application (based on marriage to me, an H1B holder) be a serious problem? Someone please help.

If she decided to withdraw the I-485 then why did she stay in US?? Talk to good lawyer with all the details of her case. Nobody can guess why she had to withdraw the I-485 and what was happening with her or her spouse did she file divorce or spouse file for divorce and what is present situation of that marriage, if she came on K1 or was here on H1 and married US citizen. Provide all the facts of her case to lawyer