I539 denied, cr1 visa interview next month

[-mochi 0]

Hi everyone 

I filed an extension for my B2 visa on May last year and got denied this February bc I left the country , I left US 56days after my i94 expiration date. 
Wondering if this will cause a negative impact , will I be required to file something like i601 waiver ?
thanks in advance 

Edited May 2, 2022 by -mochi

[Dashinka 24,499]

Since you left prior to overstaying more than 180 days, you should not have a bar of 3 years that would require an I601.

 

Good Luck!

[-mochi 0]

4 hours ago, Dashinka said:

Since you left prior to overstaying more than 180 days, you should not have a bar of 3 years that would require an I601.

 

Good Luck!

Thanks Dashinka. 
But I have a question, if I’m still considered as overstaying , does it mean filling an extension at the first place didn’t help at all?  
Or, overstaying is not the same with “ unlawful presence “?

[Dashinka 24,499]

1 hour ago, -mochi said:

Thanks Dashinka. 
But I have a question, if I’m still considered as overstaying , does it mean filling an extension at the first place didn’t help at all?  
Or, overstaying is not the same with “ unlawful presence “?

I am not completely familiar with filing for an extension, but I believe if an extension filing is abandoned or denied, the overstay accrues from the original date the B2 visitor was supposed to leave. 

[carmel34 3,631]

10 hours ago, -mochi said:

Hi everyone 

I filed an extension for my B2 visa on May last year and got denied this February bc I left the country , I left US 56days after my i94 expiration date. 
Wondering if this will cause a negative impact , will I be required to file something like i601 waiver ?
thanks in advance 

It should not affect the CR-1 interview if you disclosed the overstay on the I-130 and the DS-260.  They can pull up your US entries/exits on their system anyway, so always be honest on forms that you sign or when asked if you ever had an overstay in the US or a US visa revoked.  The B2 was voided when you overstayed even by one day.  You have no ban because your overstay was less than 180 days, but you need a new visa to enter the US which is what you will hopefully get soon after the CR-1 interview.  Good luck!

[-mochi 0]

6 hours ago, carmel34 said:

It should not affect the CR-1 interview if you disclosed the overstay on the I-130 and the DS-260.  They can pull up your US entries/exits on their system anyway, so always be honest on forms that you sign or when asked if you ever had an overstay in the US or a US visa revoked.  The B2 was voided when you overstayed even by one day.  You have no ban because your overstay was less than 180 days, but you need a new visa to enter the US which is what you will hopefully get soon after the CR-1 interview.  Good luck!

Thank you ❣️

About the 180 days ,  I checked the USCIS website, it is over 180 days unlawful presence that will cause a ban. But during the extension  pending period, that do not accrue unlawful presence.