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Denied I-539 - Does this have any impact on a future CR-1?

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Hey all, I'm wondering if anyone can give me some feedback or advice. I'm asking here because my fiance and I are planning on pursuing a CR-1 visa, and I am curious if this will impact her 1. coming back into the country on her B1 visa to visit and 2. getting approved for the CR-1 visa after we're married.
 
My fiance entered the United States on a valid multi entry tourist visa back in November 2019. She was scheduled to depart in February, but rescheduled it for March. Unfortunately, the COVID shutdowns happened and her flights back home to the Philippines were cancelled and she wasn't allowed to get back. Her I-9 was originally valid until May, but because she had multiple flights back home cancelled, she filed an I-539 for an extension in April.
 
She finally was able to get a flight back home, and departed in November 2020, less than 180 days past her I-9 expiration. We've been waiting to hear back about her case, and finally today she received a decision that her case was denied.
 
She has not yet received the note explaining why she was denied. We have been talking about having her come back over here in July on her visa for a visit. What could be the reasons for her denial? Is this denial going to harm those chances for her to come back? Will this impact our future pursuit of a CR-1 visa?

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8 minutes ago, amm7s@mtmail.mtsu said:
Hey all, I'm wondering if anyone can give me some feedback or advice. I'm asking here because my fiance and I are planning on pursuing a CR-1 visa, and I am curious if this will impact her 1. coming back into the country on her B1 visa to visit and 2. getting approved for the CR-1 visa after we're married.
 
My fiance entered the United States on a valid multi entry tourist visa back in November 2019. She was scheduled to depart in February, but rescheduled it for March. Unfortunately, the COVID shutdowns happened and her flights back home to the Philippines were cancelled and she wasn't allowed to get back. Her I-9 was originally valid until May, but because she had multiple flights back home cancelled, she filed an I-539 for an extension in April.
 
She finally was able to get a flight back home, and departed in November 2020, less than 180 days past her I-9 expiration. We've been waiting to hear back about her case, and finally today she received a decision that her case was denied.
 
She has not yet received the note explaining why she was denied. We have been talking about having her come back over here in July on her visa for a visit. What could be the reasons for her denial? Is this denial going to harm those chances for her to come back? Will this impact our future pursuit of a CR-1 visa?

It won't impact her approval for a CR-1 visa, but it sounds like you'll have to go there if you want to marry her.

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7 minutes ago, Jorgedig said:

It won't impact her approval for a CR-1 visa, but it sounds like you'll have to go there if you want to marry her.

Even if she left before 180 days?

 

Doesn't she have legal status while she is waiting for an extension to be approved / denied? Does an extension denial mean she can't re-enter the country? She was here for less than 180 days past her original I-9 expiration.

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2 minutes ago, amm7s@mtmail.mtsu said:

Even if she left before 180 days?

 

Doesn't she have legal status while she is waiting for an extension to be approved / denied? Does an extension denial mean she can't re-enter the country? She was here for less than 180 days past her original I-9 expiration.

It was denied.  She has an overstay.  She won't be getting another B visa.

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Leaving before the 180 days means a ban has not been triggered.  However, she still overstayed her visa because her extension was denied.  This is always the dice roll people take when applying for extensions. 

 

Good luck 


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3 minutes ago, amm7s@mtmail.mtsu said:

Doesn't she have legal status while she is waiting for an extension to be approved / denied?

No.

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1 minute ago, amm7s@mtmail.mtsu said:

So her current visa is cancelled now?

Yes.  She broke the conditions of that visa by overstaying.

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Just now, amm7s@mtmail.mtsu said:

What about this that she sent me:

 

"As long as you filed the extension application before the expiration date of the current I-94 form, you are in legal status as long as the application is pending or for 240 days, whichever comes first"

She's no longer in the US, correct?  She was denied the extension, so each day beyond the allowed time stamped in her passport that she remained in the US counts as an overstay.

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Just now, Jorgedig said:

She's no longer in the US, correct?  She was denied the extension, so each day beyond the allowed time stamped in her passport that she remained in the US counts as an overstay.

Yes, but she had an active extension pending. It's been my understanding, from lawyers and other sources that an extension application means you are in legal status while you await the decision. 

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22 minutes ago, amm7s@mtmail.mtsu said:

We have been talking about having her come back over here in July on her visa for a visit.

 

Her B visa is no longer valid.  It was automatically cancelled on the first day of her overstay, which is right after her original I-94 expired since her extension was denied.  She will need to apply for a B visa again, but it will be difficult to get approved with an overstay on her record.  Also, the US embassy in Manila has not resumed routine B visa processing.  Last I heard, the earliest available interview slots are in March 2022.

 

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2 minutes ago, amm7s@mtmail.mtsu said:

Yes, but she had an active extension pending. It's been my understanding, from lawyers and other sources that an extension application means you are in legal status while you await the decision. 

"Legal status" for someone who is not in the US makes NO sense.  What do you even mean?

 

And you may want to use the actual USCIS website as your source of info, rather than YouTube and stuff.  

 

  1. What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?

    Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied
    to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after
    the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.

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3 minutes ago, Jorgedig said:

"Legal status" for someone who is not in the US makes NO sense.  What do you even mean?

 

And you may want to use the actual USCIS website as your source of info, rather than YouTube and stuff.  

 

  1. What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?

    Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied
    to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after
    the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.

I mean legal status for the time she was here.

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5 minutes ago, amm7s@mtmail.mtsu said:

I mean legal status for the time she was here.

The above quote, taken from USCIS, demonstrates that she was out of status when she stayed beyond the allowed time on her I-94.

 

Like I said, it will not impact her ability to get an immigrant visa in the future, but her B visa is gone, and she won't be getting another one.

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