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Ben7336

Question about "Have You Ever Been Refused a U.S. Visa?"

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I need your help about one question in Form DS160 and DS156 (Have You Ever Been Refused a U.S. Visa?). I am not sure how to answer it correctly.

In 2012, before my previous visa expired, I filed Form I539 to extend my nonimmigrant status. During the petition was still pending, I left USA and went back to my country. When I left, I forgot to update my address and so I didn’t revive I539. I checked my case online, and found it says:

“February 5, 2013, the post office returned your document I539, APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS as undeliverable. If you do not contact us at 1-800-375-5283 within 180 days from February 5, 2013, this document will be destroyed and you will need to file a new application with fee.”

As I didn’t received I539, I don’t know if my petition was approved or denied. In my case, should I answer the above question with “yes”?

Anyone had the similar situation before? Any suggestion or advice would be greatly appreciated here!

05-21-2014: Interview in Montreal: K1 Visa Approved with Administrative Processing

07-03-2014: CEAC STATUS UPDATED: K1 Visa Issued.

07-12-2014: Marriage

07-28-2014: Filed I-485, I-765, and I-131.

08-01-2014: NOA1 for I-485, I-765, and I-131

08-26-2014: Biometric

09-18-2014: EAD

03-30-2015: I-485 Interview and got approved on site:)

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Filed: K-1 Visa Country: Wales
Timeline

Did you leave within the time permitted by your I 94?

You were seeking to extend your status btw, not apply for a visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Did you leave within the time permitted by your I 94?

You were seeking to extend your status btw, not apply for a visa.

I left after the date on my previous I94. At that moment I hold H1 visa and planned to get B2 visa. I sent my application before my H1 visa expired.

05-21-2014: Interview in Montreal: K1 Visa Approved with Administrative Processing

07-03-2014: CEAC STATUS UPDATED: K1 Visa Issued.

07-12-2014: Marriage

07-28-2014: Filed I-485, I-765, and I-131.

08-01-2014: NOA1 for I-485, I-765, and I-131

08-26-2014: Biometric

09-18-2014: EAD

03-30-2015: I-485 Interview and got approved on site:)

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Filed: K-1 Visa Country: Wales
Timeline

Well you will have an overstay to contend with which will not help the B2.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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