I-539 (extension of nonimmigrant visa)

[CitizenJ 5]

I am a USC but my Chinese girlfriend/fiance is here on a business visa. We had both previously decided that we would go back to China together when her visa expires in late August but recently we have decided that we'd prefer to delay our trip (her return) to China until October. I won't go into details but I'll just say that the reason we want to delay our departure date is purely for pleasure and will in no way persuade immigration. This is fine, however, as I have heard that if an I-539 application is pending at the time of the visa expiration date then it is perfectly acceptable to remain in the US until the final decision is made. However, I have also heard that if the application for extension is rejected (which it most definitely will be in my girlfriend's case) then immigration would consider the applicant (my girlfriend/fiance) as illegal from the day the I-94 expired. This seems to make no sense however because no one knows if their I-539 application is going to get accepted or not when they apply (in theory). Hearing this of course worries me but what worries me more is that my girlfriend wouldn't even have a legitimate reason for wanting to stay in the US so even if what I heard about the I-539 was incorrect (making someone retrospectively illegal) immigration might catch on that my girlfriend had no intention of actually being granted an I-539 and was just abusing the system to be able to stay a couple of weeks past her visa expiration date. Does anyone have any thoughts on this? I'd greatly appreciate any input.

Also, if anyone could give any ideas on what bogus reason for needing to stay my girlfriend could put on her application it'd also be appreciated hehe.

Edited July 11, 2012 by CitizenJ

[Cathi 5,784]

bogus reason=lying..you should NEVER lie to immigration, it could lead to a ban

[Darnell 8,479]

bogus = fraud = possible ToS Violation.

[Gosia & Tito 199]

I am a USC but my Chinese girlfriend/fiance is here on a business visa. We had both previously decided that we would go back to China together when her visa expires in late August but recently we have decided that we'd prefer to delay our trip (her return) to China until October. I won't go into details but I'll just say that the reason we want to delay our departure date is purely for pleasure and will in no way persuade immigration. This is fine, however, as I have heard that if an I-539 application is pending at the time of the visa expiration date then it is perfectly acceptable to remain in the US until the final decision is made. However, I have also heard that if the application for extension is rejected (which it most definitely will be in my girlfriend's case) then immigration would consider the applicant (my girlfriend/fiance) as illegal from the day the I-94 expired. This seems to make no sense however because no one knows if their I-539 application is going to get accepted or not when they apply (in theory). Hearing this of course worries me but what worries me more is that my girlfriend wouldn't even have a legitimate reason for wanting to stay in the US so even if what I heard about the I-539 was incorrect (making someone retrospectively illegal) immigration might catch on that my girlfriend had no intention of actually being granted an I-539 and was just abusing the system to be able to stay a couple of weeks past her visa expiration date. Does anyone have any thoughts on this? I'd greatly appreciate any input.

Also, if anyone could give any ideas on what bogus reason for needing to stay my girlfriend could put on her application it'd also be appreciated hehe.

Do you mean her visa expires or her I-94? Big difference.

If is the I-94, how about a weekend trip to Canada for example, so on coming back, she can get the extra time. Of course, there is the risk of not allowing her back in and assuming the business visa (B1/B2?) is multiple entries.

Don't ask for advice on bogus reasons...can bite back, and, this is an open forum...immigration personnel might catch up on those 'reasons'

Edited July 11, 2012 by Gosia & Tito

[CitizenJ 5]

Do you mean her visa expires or her I-94? Big difference.

I mean her I-94. Sorry if I misspoke earlier. Also, I shouldn't have used the term "bogus reason". A much more accurate term would be "BS reason". I didn't mean to imply lying but rather giving an extremely stupid reason like "I need to stay longer because I wish to experience more of America" - something that would OBVIOUSLY be rejected but add an extra month to my girlfriend's stay in America because of the application time. I was asking if giving a reason like that would get my girlfriend in trouble for making it seem like she's trying to take advantage of the system.

[Anh map 2,098]

I mean her I-94. Sorry if I misspoke earlier. Also, I shouldn't have used the term "bogus reason". A much more accurate term would be "BS reason". I didn't mean to imply lying but rather giving an extremely stupid reason like "I need to stay longer because I wish to experience more of America" - something that would OBVIOUSLY be rejected but add an extra month to my girlfriend's stay in America because of the application time. I was asking if giving a reason like that would get my girlfriend in trouble for making it seem like she's trying to take advantage of the system.

Try using the truth.

[Darnell 8,479]

We're a tough room, sometimes

[Moomin 292]

If is the I-94, how about a weekend trip to Canada for example, so on coming back, she can get the extra time. Of course, there is the risk of not allowing her back in and assuming the business visa (B1/B2?) is multiple entries.

The lawful stay doesn't restart by entering Canada(or any other country) and then going back to US.

[Moomin 292]

I mean her I-94. Sorry if I misspoke earlier. Also, I shouldn't have used the term "bogus reason". A much more accurate term would be "BS reason". I didn't mean to imply lying but rather giving an extremely stupid reason like "I need to stay longer because I wish to experience more of America" - something that would OBVIOUSLY be rejected but add an extra month to my girlfriend's stay in America because of the application time. I was asking if giving a reason like that would get my girlfriend in trouble for making it seem like she's trying to take advantage of the system.

Having an application/petition denied won't have any bearing on any later process(k1 visa, spouse visa etc) however denial because of misrepresentation/fraud is harder to shake off, and will have an impact on any future plans regarding US. And a little white lie is misrepresentation in the eyes of USCIS if it ever came down to it.

Edited July 11, 2012 by moomin

[CitizenJ 5]

Can you guys get off this lie stuff? Saying "I want to stay in America to experience more of it" can't really even be considered a lie and even if it could there'd be no way of proving it's a lie because it's such a general statement. My question is is if writing such a silly general statement will still trigger the I-539 application process - I'm asking if her application will still even be considered for review or if immigration will automatically consider any of her stay past her I-94 expiration date as illegal because they don't even recognize the application as authentic.

[canadian_wife 1,829]

The only option here is to tell the truth. You are asking us for bogus reasons and BS reasons. You aren't going to get it.

Be careful with this, if it is determined that she went out of status or overstayed (as in her extention was rejected) she could lose her B visa.

If you have a compelling reason (and that is the ONLY time an extention is granted) then please apply for the extention. However, if you want to only spend more time with her in the US (since you aren't exactly telling is WHY she is to remain in the US) then yes, it will probably be rejected and she may lose her B visa

Tred carefully

Good luck

[CitizenJ 5]

Man you guys are thick. The truth is that we just feel like staying in America longer - that's what I've been getting at this whole time - I thought that was phucking obvious because this whole time I've just been going on about "BS reasons". I'm just asking what the ramifications of giving a completely ludicrous reason are but everyone ITT is just responding with "tell the truth - lying is baaaaad". I keep stating that my girlfriend and I KNOW the I-539 will be rejected and WE DON'T CARE. The ONLY question I need answered is - for the fourth time - what are the ramifications of giving a completely ludicrous reason for wanting to stayin the US longer.

[JohnR! 5,495]

Can you guys get off this lie stuff? Saying "I want to stay in America to experience more of it" can't really even be considered a lie and even if it could there'd be no way of proving it's a lie because it's such a general statement. My question is is if writing such a silly general statement will still trigger the I-539 application process - I'm asking if her application will still even be considered for review or if immigration will automatically consider any of her stay past her I-94 expiration date as illegal because they don't even recognize the application as authentic.

All I-539 applications are considered, regardless of the reason stated on the form. I think that the answer you are looking for is below:

What if I file on time but USCIS doesn’t make a decision before my I-94 expires?

If your application is denied, (you must cease employment immediately and) you must depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

[canadian_wife 1,829]

Man you guys are thick. The truth is that we just feel like staying in America longer - that's what I've been getting at this whole time - I thought that was phucking obvious because this whole time I've just been going on about "BS reasons". I'm just asking what the ramifications of giving a completely ludicrous reason are but everyone ITT is just responding with "tell the truth - lying is baaaaad". I keep stating that my girlfriend and I KNOW the I-539 will be rejected and WE DON'T CARE. The ONLY question I need answered is - for the fourth time - what are the ramifications of giving a completely ludicrous reason for wanting to stayin the US longer.

You know, insulting us isn't going to get your girlfriend to stay any longer

Anyway, you are the one that asked the questions. We answered, just because you don't like the answers doesn't mean you can call us 'thick'

Anyway, I answered your question, if she is denied (as with the post that Gegel supplimented) if it is denied then her current visa becomes void. If it becomes void then she'll have a harder time obtaining another one

Good luck

[fresia 1]

Here is the link to the related thread so you can read it as well.

http://www.visajourney.com/forums/topic/272539-tourist-visa-extension-question/page__st__15