Is my case considered overstaying

[noodlesweasel 0]

Hi everyone,

My fiance and I have applied for K1 visa this Feb 09. I was in the US for three years and a half under a J1 visa. My J1 visa expired last July 08 and applied for a B2 extension visa before my visa expired. I left the US last Jan 19, 2009 without even knowing if I got the B2 visa or a denial and have stayed 180 days since the expiration of my J1 visa. Am I going to be barred from entering the US? Im the process of filling out my DS156, there is a question if I overstayed in the US, will I answer YES or NO to it? Thank you and hope someone will answer me. God bless.

[Bobby+Umit 161]

Hi everyone,

My fiance and I have applied for K1 visa this Feb 09. I was in the US for three years and a half under a J1 visa. My J1 visa expired last July 08 and applied for a B2 extension visa before my visa expired. I left the US last Jan 19, 2009 without even knowing if I got the B2 visa or a denial and have stayed 180 days since the expiration of my J1 visa. Am I going to be barred from entering the US? Im the process of filling out my DS156, there is a question if I overstayed in the US, will I answer YES or NO to it? Thank you and hope someone will answer me. God bless.

I think you overstayed.

If you went pass your J-1 leave date, and you didn't receive your B2 - then you were still under the J-1 conditions.

[noodlesweasel 0]

Hi, this is what I read regarding J1 and application for B2 extension visa

Adjustment of status applicants

INS's designation of the period that an adjustment of status application is pending as a "period of stay authorized by

the Attorney General" gives protection to adjustment applicants that is similar to that given nonimmigrants who have

applied to extend or change their nonimmigrant status. Therefore, if a nonimmigrant applies for adjustment of status

under I.N.A. § 245, and his or her nonimmigrant status expires while the adjustment application is pending, no days of

unlawful presence are accumulated until the application is adjudicated, provided the individual does not work without

authorization.

Effect of departure from the United States while application for extension or change of status is

pending

Nonimmigrants who apply for extension or change of nonimmigrant status but who leave the United States before a

decision on the application is made by USCIS are not subject to the counting of days of unlawful presence if they were

in a period of stay authorized by the Attorney General prior to their departure from the United States.

Nonimmigrants who apply for an extension or change of nonimmigrant status but who leave the United States after

their I-94 expires but before a decision on the application has been issued are not subject the counting of days of

unlawful presence if they can establish that:

1. The application was filed in a timely manner (i.e., before the expiration of the current period of authorized

stay);

2. The application was nonfrivolous; and

3. The applicant did not engage in any unauthorized employment before the application was filed or while it was

pending.Adjustment of status applicants

INS's designation of the period that an adjustment of status application is pending as a "period of stay authorized by

the Attorney General" gives protection to adjustment applicants that is similar to that given nonimmigrants who have

applied to extend or change their nonimmigrant status. Therefore, if a nonimmigrant applies for adjustment of status

under I.N.A. § 245, and his or her nonimmigrant status expires while the adjustment application is pending, no days of

unlawful presence are accumulated until the application is adjudicated, provided the individual does not work without

authorization.

I did apply for an extension of my visa and did not work at all. I left the US before a decision has been issued. Thank you and I hope I can bring light to others who are in the same boat. Here is the link for complete ino : http://www.temple.edu/ois/pdfs/Overstayand...eprovisions.pdf

[Pinaylang 0]

Hi, this is what I read regarding J1 and application for B2 extension visa

Adjustment of status applicants

INS's designation of the period that an adjustment of status application is pending as a "period of stay authorized by

the Attorney General" gives protection to adjustment applicants that is similar to that given nonimmigrants who have

applied to extend or change their nonimmigrant status. Therefore, if a nonimmigrant applies for adjustment of status

under I.N.A. § 245, and his or her nonimmigrant status expires while the adjustment application is pending, no days of

unlawful presence are accumulated until the application is adjudicated, provided the individual does not work without

authorization.

Effect of departure from the United States while application for extension or change of status is

pending

Nonimmigrants who apply for extension or change of nonimmigrant status but who leave the United States before a

decision on the application is made by USCIS are not subject to the counting of days of unlawful presence if they were

in a period of stay authorized by the Attorney General prior to their departure from the United States.

Nonimmigrants who apply for an extension or change of nonimmigrant status but who leave the United States after

their I-94 expires but before a decision on the application has been issued are not subject the counting of days of

unlawful presence if they can establish that:

1. The application was filed in a timely manner (i.e., before the expiration of the current period of authorized

stay);

2. The application was nonfrivolous; and

3. The applicant did not engage in any unauthorized employment before the application was filed or while it was

pending.Adjustment of status applicants

INS's designation of the period that an adjustment of status application is pending as a "period of stay authorized by

the Attorney General" gives protection to adjustment applicants that is similar to that given nonimmigrants who have

applied to extend or change their nonimmigrant status. Therefore, if a nonimmigrant applies for adjustment of status

under I.N.A. § 245, and his or her nonimmigrant status expires while the adjustment application is pending, no days of

unlawful presence are accumulated until the application is adjudicated, provided the individual does not work without

authorization.

I did apply for an extension of my visa and did not work at all. I left the US before a decision has been issued. Thank you and I hope I can bring light to others who are in the same boat. Here is the link for complete ino : http://www.temple.edu/ois/pdfs/Overstayand...eprovisions.pdf

From my opinion, you did overstay. Just make sure you keep your airline tickets receipt handy. When you applied for a B2 extension did you get a letter back from USCIS saying that your extension is still pending? Bring that letter with you. You will need it because they will ask for it. Even if you don’t put that you overstayed you will still need to put how long you stayed in the US and USEM will calculate the days. They are very cruel about the overstay.. Just be ready to answer the questions. Be prepared for the pre-screener. Just pay attention and make sure when he/she tries to write something on your file make sure you look at it because if he/she puts the wrong information the consulate will not really look into it because the consulate just rely on the pre-screener. The consulate does not have enough time to correct the pre-screener if he/she made a mistake. Mag ingat ka sa pinay na pre-screener kala mo kung sino.She will give you a hard time and will question you bakit ka nag tagal sa US? Huwag ka matakot sa kaniya. Just be confident and don’t let her get to you. Advice ko lang yan sayo… Masungit siya. She might even ask bakit ka nag overstay? Bakit it took you so long to go back to pinas? Please ask your fiancé to accompany you during the interview it will be a huge help. I suggest you get a Lawyer. Good Luck…