K-3 form DS-156 "unlawfully present in the US"

[boat786 0]

Hi

My wife has been to the US several times. She had applied for an extension of a visa and the extension got denied.

Once the denial came, she left the US within a week. She wasn't my wife at the time.

Now I am filling out a DS-156 form , the form asks "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"

She was present in the US after her visa expired - but at the time, her extension application was pending.

Does this count as being "unlawfully present"?

thanks

[Boiler 45,292]

Yes, I can not remember if they count the whole time after her visa expired, but as long as it less than 6 moths it should not matter.

Edited June 26, 2007 by Boiler

[boat786 0]

Yes, I can not remember if they count the whole time after her visa expired, but as long as it less than 6 moths it should not matter.

Thanks for the quick reply. By "Yes" it means that she was NOT unlawfully present right?

[boat786 0]

And the actual questions is:

Should I put "yes" on the application. they she stayed past the visa and attach an explanatory note?

Or do I just put "no"

[Boiler 45,292]

And the actual questions is:

Should I put "yes" on the application. they she stayed past the visa and attach an explanatory note?

Or do original visaI just put "no"

She was unlawfully present, not sure if it was from the date of the rejected extension or the original visa.

Usually I believe the later date unless the application was without any merit.

[Yodrak 7]

boat,

Have her answer the question 'yes' and provide the same brief explanation that you have given here, but with dates.

If the consular officer decides that the incident doesn't 'count' they will correct the answer. Better it should go this way than the other way around.

Yodrak

Hi

My wife has been to the US several times. She had applied for an extension of a visa and the extension got denied.

Once the denial came, she left the US within a week. She wasn't my wife at the time.

Now I am filling out a DS-156 form , the form asks "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"

She was present in the US after her visa expired - but at the time, her extension application was pending.

Does this count as being "unlawfully present"?

thanks

[boat786 0]

Thanks for the replies.

[boat786 0]

Here is what I will write, does it sound good?

Should I get it notarized (affadavit jurat)?

Jane Doe received a Visa R1 B1/B2 with a stay from June 23rd, 2004 to September 21st, 2004. She filed an extension of stay (I-539) which was received by USCIS on September 17, 2004. The application was denied on October 13, 2004 and Jane Doe received this information a few weeks later. As soon as she received this reply from USCIS, she arranged to leave the United States as soon as she could arrange a ticket back to her home. She left the US one week after receiving the denial letter (approximately November 3, 2004)

thanks

boat786

[boat786 0]

bump - any suggestions? thanks

[Yodrak 7]

boat,

My suggestion:

"I received a Visa ..... B2 and CBP authorized a stay from June 23rd, 2004 to September 21st, 2004. I filed an extension of stay (I-539) which was received by USCIS on September 17, 2004. The application was denied on October 13, 2004 and I received this information a few weeks later. ..... I left the US ..... approximately November 3, 2004."

She should be the writer, even if you physically do the writing.

Yodrak

Here is what I will write, does it sound good?

Should I get it notarized (affadavit jurat)?

Jane Doe received a Visa R1 B1/B2 with a stay from June 23rd, 2004 to September 21st, 2004. She filed an extension of stay (I-539) which was received by USCIS on September 17, 2004. The application was denied on October 13, 2004 and Jane Doe received this information a few weeks later. As soon as she received this reply from USCIS, she arranged to leave the United States as soon as she could arrange a ticket back to her home. She left the US one week after receiving the denial letter (approximately November 3, 2004)

thanks

boat786

Edited July 6, 2007 by Yodrak

[boat786 0]

Thanks Yodrak, I spoke to a a lawyer and he said the same!