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iceman1987

Question about I-539 Extend Stay

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Filed: Timeline

Hi guys! My brother applied for I-539 Extend to stay tourist visa sometime in October last year. He did biometrics already but until now there’s no result yet on the application. He did go back home to his country. What’s gonna happen when he comes back to the US? Are they gonna give him problems? Thanks! 

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Filed: K-1 Visa Country: Wales
Timeline

It seems to be taking a year or so to get a response, how long did he stay, when did he leave, what was his reason for seeking an extension

“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: Timeline
22 minutes ago, Boiler said:

It seems to be taking a year or so to get a response, how long did he stay, when did he leave, what was his reason for seeking an extension

Thanks for your response! He stayed in the US for 10 months total. He applied for extension before his 6months stay expired. And they said, his stay would be legal until he receives a decision but even until now, he already went home to his country, there’s no decision yet. His reason for extending was to visit more families in the US and visit more places before his school starts in his country/ 

Edited by iceman1987
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Filed: Citizen (apr) Country: Taiwan
Timeline
21 minutes ago, iceman1987 said:

Thanks for your response! He stayed in the US for 10 months total. He applied for extension before his 6months stay expired. And they said, his stay would be legal until he receives a decision but even until now, he already went home to his country, there’s no decision yet. His reason for extending was to visit more families in the US and visit more places before his school starts in his country/ 

I predict he will have to apply for a new B2 if he ever wants to visit the US again. The overstay will not be a positive factor. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Wales
Timeline

Not sure that reason will fly but good that he is starting school so not an immediate issue.

 

When will he need to renew his B?

“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: Citizen (apr) Country: Morocco
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https://www.uscis.gov/news/alerts/covid-19-delays-in-extensionchange-of-status-filin

 

Read all of this but some applies directly to 2020 issues

on another site, it says that if the I 539 is denied,  the person must depart within 30 days

 

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Filed: Citizen (apr) Country: India
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quoting from USCIS doc

https://www.uscis.gov/sites/default/files/document/foia/Nonimmigrant_Services.pdf
"What if I file on time for an extension, but I leave the U.S. before USCIS makes a decision on my application?
I
f you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your last visit."


the document does indicate on the first page that some information might not be current. So take it as you would. I know someone with a similar case who filed I-539 during covid, stayed 10 months and left before the decision was made, she was able to come back visit without a new B-2.

Edited by Bajinga
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Filed: K-1 Visa Country: Wales
Timeline

There are a few situations applying for a B where there is actually evidence but the vast majority mentioned is not.

 

I seriously doubt a letter from a Congress aide has ever had any impact for example to me it would be a negative 

“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: F-2A Visa Country: Nepal
Timeline
7 hours ago, iceman1987 said:

What’s gonna happen when he comes back to the US? Are they gonna give him problems? Thanks! 

If the i539 is approved, no issues.

if it gets denied, he needs to bring the i539 receipt notice to show he applied for extension before his status expiry and evidence of him leaving the US before i539 decision. Rest is up to the CBP.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Timeline

Thank you guys! He has multiple entry tourist visa so I don’t think he would need to apply for a new one. Actually, at the airport, when He was about to depart, he was randomly interviewed by an immigration officer. So he explained the situation that he applied for an extension but never got a decision. The officer told him that he was gonna update the system. This was since April 2022 and until now, nothing. But I think that was good that he was able to talk to an officer right? 

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Filed: Citizen (apr) Country: Taiwan
Timeline
24 minutes ago, iceman1987 said:

He has multiple entry tourist visa so I don’t think he would need to apply for a new one.

Any overstay of even one day immediately voids the B2.  That would necessitate a new B2.  He will incur a 4 month overstay if the extension request is denied.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Timeline
2 minutes ago, Crazy Cat said:

Any overstay immediately voids the B2.  That would necessitate a new B2.  He will incur a 4 month overstay if the extension request is denied.  

Do you have a source for this? Thanks! Coz it doesn’t make sense. Stay is legal if the application is pending right?

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Filed: Citizen (apr) Country: Taiwan
Timeline
17 minutes ago, iceman1987 said:

Do you have a source for this? Thanks! Coz it doesn’t make sense. Stay is legal if the application is pending right?

I don't think an extension request extends the original I-94 expiration if denied.  If the extension request is denied, he still overstayed his original I-94 since he left 4 months later.  I am not an expert, but that's how I interpret it.  Others may disagree.  This is pretty stuff good here:

Visitor Visa Extension Denied (***removed***)

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Timeline
10 minutes ago, Crazy Cat said:

I don't think an extension request extends the original I-94 expiration if denied.  If the extension request is denied, he still overstayed his original I-94 since he left 4 months later.  That's how I interpret it.  Others may disagree.  This is pretty good here:

Visitor Visa Extension Denied (***removed***)

The source says if the applicant is still in the US when the decision was received. In the case of my brother, he already left US while decision is still pending. Correct me if I misunderstood this.

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Filed: Citizen (apr) Country: Taiwan
Timeline
Just now, iceman1987 said:

The source says if the applicant is still in the US when the decision was received. In the case of my brother, he already left US while decision is still pending. Correct me if I misunderstood this.

That is what it says.  This is an interesting scenario. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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