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Approved B1/B2 Extension (I-539) during COVID - No Biometrics

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21 minutes ago, OpenRate001 said:

Regardless, it's purely evident that she has expired and there has been no motion or communication to extend the end date during the case assessment, hence, approving does not benefit the applicant in any way.  If the approval relates back to the proposed expiration date this is moot based on the length of time the case takes to conclude.   

I’m sorry, but I disagree with you. If she had left before 3 October and the case had been approved thereafter, there would have been no overstay and thus no negative implications on her record at all. If she had left before 3 October and the case had been denied, she would have overstay on her record leading to visa cancellation and making it very difficult to get a new visa. So a retroactive approval is not moot at all for someone who had left by the time they had indicated they needed. I don’t know the exact details of your case but if 10/3 was 6 months after the end of the initial i94, that is the maximum extension allowed under law and so they could not have just “extended” the end date (I don’t think I’ve ever heard of them extending beyond the date asked for even if it’s sooner, but it’s possible I guess). Long story short, the onus was on the visitor to extend/act in time, whether applying for a new i539 or leaving by the date originally requested, not on a uscis officer. 
 

 

Edited by SusieQQQ
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Filed: AOS (pnd) Country: Brazil
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I totally get the fact we requested a date which was approved, although, I-539 procedures / documentation grants you to be in the USA as long as the I-539 remains in open status. Now I'm finding out this is not the case and strictly prohibited to remain here purely based on "proposed" I-94 date, which may at any point be denied or pushed back. So, this remains ambiguous during the case assessment if your proposed date is an actual date, or if RFE's stand to consider updating I-94 end dates because they did not initially deny your claim. The structure of the timeline is perplexing because I filed on time yet the case assessment / communication began in September (6 months later). I know COVID has created a lot of havoc throughout all communities and Gov't agencies, although, many cases may warrant unforeseen circumstances while determining departure dates with airlines and precisely satisfying I-94 dates.        

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Filed: K-1 Visa Country: Wales
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Looking back at your posts you applied for a 6 month extension and were given it, so plenty of time to rearrange your travel plans.

Edited by Boiler

“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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  • 2 weeks later...
Filed: K-1 Visa Country: Honduras
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Whoops, forgot to update.

 

@SusieQQQ I wanted to thank you for your encouragement.

 

My fiance did email the embassy back to explain he thought it was a mistake to revoke the visa complete with the approved extension. He got a very generic copy-paste and fairly rude reply (complete with Regards, - with no signed name 😂) that stated they understood he wanted more information regarding his case (which was... not the case, he was providing information) and that they could not discuss it, yadda, yadda... Visa can not be reinstated, apply for a new one (which sincerely is a slap in the face as they are not processing routine visas at this time). I sent an email to the embassy, which I did not get a reply for a month. So I sent a follow up email, to which they replied (this time more polite) that they understood I was reaching out on behalf of my fiance, they could not reinstate the visa, that he could apply for a new visa and apply for an emergency interview if needed. We assumed this was going to be the response, but you never know unless you try. 🙄 So, we decided to just wait out our K1, as there is no guarantee that he would be able to get his B1/B2 again.

 

We just got our approval for our i-129F petition today 🥰

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  • 3 months later...
Filed: AOS (pnd) Country: South Africa
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On 10/28/2020 at 11:19 AM, OpenRate001 said:

Thanks for supplying this detail. If the case officer is assigned to assess the terms throughout the case duration and the proposed leave date has expired, it's presumed a moot point to approve or deny it, or simply deny based on I-94 expiration. I get the case officer has other cases to tend to, although what constitutes not having to examine these details? Regardless, it's purely evident that she has expired and there has been no motion or communication to extend the end date during the case assessment, hence, approving does not benefit the applicant in any way.  If the approval relates back to the proposed expiration date this is moot based on the length of time the case takes to conclude.   

Please on what ground can a B2 visa apple for extension of the visa?

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Filed: K-1 Visa Country: Wales
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Pretty much an reason will do to apply, a good one to succeed.

“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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Filed: AOS (pnd) Country: South Africa
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13 minutes ago, Boiler said:

Pretty much an reason will do to apply, a good one to succeed.

What reason if l may ask ,will covid19 be a good idea?

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Filed: K-1 Visa Country: Wales
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Not sure getting it would be a good idea but if you have it an extension until you recover and can fly would seem reasonable.

Edited by Boiler

“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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47 minutes ago, Anifowose017 said:

What reason if l may ask ,will covid19 be a good idea?

Not at this stage imo, anyone wanting to extend a B visa now will have traveled in the middle of the pandemic already, it’s not like lockdowns etc would have been unexpected.

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Filed: AOS (pnd) Country: South Africa
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24 minutes ago, SusieQQQ said:

Not at this stage imo, anyone wanting to extend a B visa now will have traveled in the middle of the pandemic already, it’s not like lockdowns etc would have been unexpected.

So what ground you think is gon be a good idea?

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13 minutes ago, Anifowose017 said:

So what ground you think is gon be a good idea?

Whatever reason you are stating will be on an official form under penalty of perjury. If you have a reason you need to extend your visa, you should know what that is, you will need to give reasons, and you will need to demonstrate that you will return home when the extended period is over. No one here can tell you why you want to stay.

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