I recently finished a j1 visa and filed an i-539 to change to a b2 before my time was up. I stayed on a further 3 months after finishing my j1 and then returned home in line with the dates given on my i-539. I then received a denial notice a month later saying it had been denied due to abandonment. I would like to return to the us for a week to go to a wedding and am wondering if my denial means my time counts as an overstay or not? I had D/S on my i-94. I am unsure how to answer the ESTA question about staying longer than authorized by the government, but my application was timely and USCIS did not give any other reason other than abandonment in my denial letter.
Or am I better to apply for a B2? I feel this makes it look like I'm trying to return for longer but I literally just want to go to the wedding and leave.
Travel on ESTA after previous i-539 COS denial
in Tourist Visas
Posted
Hi there,
I recently finished a j1 visa and filed an i-539 to change to a b2 before my time was up. I stayed on a further 3 months after finishing my j1 and then returned home in line with the dates given on my i-539. I then received a denial notice a month later saying it had been denied due to abandonment. I would like to return to the us for a week to go to a wedding and am wondering if my denial means my time counts as an overstay or not? I had D/S on my i-94. I am unsure how to answer the ESTA question about staying longer than authorized by the government, but my application was timely and USCIS did not give any other reason other than abandonment in my denial letter.
Or am I better to apply for a B2? I feel this makes it look like I'm trying to return for longer but I literally just want to go to the wedding and leave.
Thanks!