K1 application while B1 visa extension is still being processed

[German_princess 0]

Hello,

I entered the States on April 1st 2015 on a B1 visa for Voluntary Service. My visa expired on September 30th, 2015, however I filed the I-539 application to extend non-immigrant status to be able to stay two months longer in the country to help out the organisation I was volunteering for as they really needed me. They are still processing my extension application that USCIS received on September 15th. It still says on their website that the last completed processed I-539 application is from December 2014. That means that I won't get an answer about my application whether it was denied or approved until about next year around this time. My boyfriend and me have decided to get a K1 visa for me but I am now wondering whether they will even approve that with that outstanding visa extension application.

Thanks a lot for your help!

[lost_at_sea 995]

Wait wait...

Let's unpick some of what you've got going on.

Your boyfriend filed the I-129f petition for K1 visa, correct? This is a process that is applied for with you outside of the USA - i.e. although he is able to file it while you're temporarily in the USA, it does in no way make it possible for you to stay in the USA whilst it's being processed - it's not a status adjustment process. For the K1, you'd need to go home to Germany and do the medical, interview, etc and have a visa issued there to allow you to return to the USA for the purposes of marriage and adjustment of status. No "K1 visa" is going to be issued while you're in the USA.

If you and your boyfriend were to just get married now, you could file the Adjustment of Status and you wouldn't have to leave. Your status on your existing visa wouldn't matter. See guide: http://www.visajourney.com/content/i130guide2

What are you actually trying to achieve, though? Marriage to your boyfriend and to live with him or to continue working for the organisation you work for? Are you looking to stay put throughout the process, or are you planning to pack up and return to Germany at some point soon?

Edited December 17, 2015 by lost_at_sea

[German_princess 0]

Wait wait...

Let's unpick some of what you've got going on.

Your boyfriend filed the I-129f petition for K1 visa, correct? This is a process that is applied for with you outside of the USA - i.e. although he is able to file it while you're temporarily in the USA, it does in no way make it possible for you to stay in the USA whilst it's being processed - it's not a status adjustment process. For the K1, you'd need to go home to Germany and do the medical, interview, etc and have a visa issued there to allow you to return to the USA for the purposes of marriage and adjustment of status. No "K1 visa" is going to be issued while you're in the USA.

If you and your boyfriend were to just get married now, you could file the Adjustment of Status and you wouldn't have to leave. Your status on your existing visa wouldn't matter. See guide: http://www.visajourney.com/content/i130guide2

What are you actually trying to achieve, though? Marriage to your boyfriend and to live with him or to continue working for the organisation you work for? Are you looking to stay put throughout the process, or are you planning to pack up and return to Germany at some point soon?

Thanks for your answer. I shouldve probably mentioned that I am back in Germany (since I filed my visa extension for two months until December 9th, I left before that to avoid further problems).

I am not planning to keep on being a volunteer for that organisation. My boyfriend and me would like to marry. Afterwards I would like to work in my field of expertise which is a completely different area than I volunteered in.

[lost_at_sea 995]

Thanks for your answer. I shouldve probably mentioned that I am back in Germany (since I filed my visa extension for two months until December 9th, I left before that to avoid further problems).

I am not planning to keep on being a volunteer for that organisation. My boyfriend and me would like to marry. Afterwards I would like to work in my field of expertise which is a completely different area than I volunteered in.

Ah, then your first post makes a ton more sense to me now.

It's more likely it'll be the other way around - the I-129f for K1 is likely to cause you not to be able to get the B visa, since you'll clearly have immigrant intent should they spot the I-129f or you should be called for interview.

[newacct 688]

"Status" is something that you only have while in the US. When you leave the US, you no longer have any status to "extend" or "change", and any Extension of Status or Change of Status applications that are still pending are automatically abandoned the moment you leave (which makes sense if you think about it; the next time you enter the US you will enter with a visa, and you will get a new status based on that visa). They will almost certainly deny the application, when they find out you have already left. In any case, no matter what the result of the application is, it is completely irrelevant now that you have already left the US.

[German_princess 0]

"Status" is something that you only have while in the US. When you leave the US, you no longer have any status to "extend" or "change", and any Extension of Status or Change of Status applications that are still pending are automatically abandoned the moment you leave (which makes sense if you think about it; the next time you enter the US you will enter with a visa, and you will get a new status based on that visa). They will almost certainly deny the application, when they find out you have already left. In any case, no matter what the result of the application is, it is completely irrelevant now that you have already left the US.

I've never heard of this before (that my extension is pretty much automatically denied as soon as I leave the country). I called USCIS about my case before I left and the guy on the phone told me that I either can keep my application going or send them my boarding passes with a letter that I withdraw my visa extension application. I feel like he would've told me about it being automatically denied in this phone call.

Would that mean now that I will very likely get denied the next time I am trying to enter the States as a normal tourist (on ESTA)?

[newacct 688]

I've never heard of this before (that my extension is pretty much automatically denied as soon as I leave the country). I called USCIS about my case before I left and the guy on the phone told me that I either can keep my application going or send them my boarding passes with a letter that I withdraw my visa extension application. I feel like he would've told me about it being automatically denied in this phone call.

That guy doesn't know what he was talking about. It doesn't even make sense, on any level, to talk about extension of status after leaving the US, because, what could it mean? You can't use that status anyway. You are outside the US. You need a visa to enter the US again. And when you enter on a visa, you will get a status based on that visa. It doesn't make sense at all.

Would that mean now that I will very likely get denied the next time I am trying to enter the States as a normal tourist (on ESTA)?

No. Why would it? You have not violated the terms of your stay or done anything else improper.

Edited December 18, 2015 by newacct

[German_princess 0]

That guy doesn't know what he was talking about. It doesn't even make sense, on any level, to talk about extension of status after leaving the US, because, what could it mean? You can't use that status anyway. You are outside the US. You need a visa to enter the US again. And when you enter on a visa, you will get a status based on that visa. It doesn't make sense at all.

No. Why would it? You have not violated the terms of your stay or done anything else improper.

I guess I'll call USCIS again to ask what I should do now that I have returned to Germany before I ever got my approval or denial letter and hope that I will get a better answer. I am so confused now that I was told something completely different.

I know that my visa will be very likely be void now, which I am not too concerned about as I was not planning on ever using it again anyways. I've been told though and found it mentioned before on some websites (I was quickly looking for them again but unfortunately couldn't find them) that I will in general have problems now entering the States again on an ESTA in the near future, as it looks like I've overstayed a visa before. I am keeping my I-797 that shows that I filed that extension on time and also my boarding passes that I left before my requested extension date and will be able to show that upon request to the immigration officer at the boarder but I heard that that sometimes doesn't help and they will refuse entry. I would like to see my boyfriend while I am waiting on the K1 but with that information I had so far about a denied visa extension I thought I would not be able to do that.

Thanks a lot for your help!

[newacct 688]

I guess I'll call USCIS again to ask what I should do now that I have returned to Germany before I ever got my approval or denial letter and hope that I will get a better answer. I am so confused now that I was told something completely different.

I know that my visa will be very likely be void now, which I am not too concerned about as I was not planning on ever using it again anyways. I've been told though and found it mentioned before on some websites (I was quickly looking for them again but unfortunately couldn't find them) that I will in general have problems now entering the States again on an ESTA in the near future, as it looks like I've overstayed a visa before. I am keeping my I-797 that shows that I filed that extension on time and also my boarding passes that I left before my requested extension date and will be able to show that upon request to the immigration officer at the boarder but I heard that that sometimes doesn't help and they will refuse entry. I would like to see my boyfriend while I am waiting on the K1 but with that information I had so far about a denied visa extension I thought I would not be able to do that.

Thanks a lot for your help!

You visa is not void and you have not overstayed. Yes, you should keep the receipt that you filed for extension of status, and also any decisions from that application if you get any, which shows that you left before they made a decision.

[German_princess 0]

You visa is not void and you have not overstayed. Yes, you should keep the receipt that you filed for extension of status, and also any decisions from that application if you get any, which shows that you left before they made a decision.

Thank you so much! I hope this is right and I can enter for two weeks again for vacation without having problems due to that B1-visa extension. I will try for sure now.

[newacct 688]

Thank you so much! I hope this is right and I can enter for two weeks again for vacation without having problems due to that B1-visa extension. I will try for sure now.

B1 is business visa. You need B2 for pure vacation.

[German_princess 0]

B1 is business visa. You need B2 for pure vacation.

Yes I am aware of that. I will try to go on an ESTA as I am planning on only staying for two weeks.