Returning to the USA after I-539 is approved

[beholder200]

Hi All,

I came to the US on 10.21.2012 on a B2 visa and received an I-94 until 4.20.2013. On 3.3.2013 (47 days before the I-94 expiry) I filed an I-539 to extend my B2 status. On 4.29.2013 (that is a few days AFTER the original I-94 expiry) I received an APPROVAL from the USCIS with a new I-94 from 4.20.2013 until 10.20.2013.

I left the US on 8.11.2013 (that is 2.5 months BEFORE the new I-94 expiry). Now that I have spent considerable time outside the USA, can I come back to the USA (for a short time period, this time) on the same B2 Visa? Needless to say, the Visa itself has quite a few years remaining and I have all written documentation on the above transactions.

Thanks in Advance.

[peace999]

yes, it has almost been a year . so you can. Do you have the extension approval letter with you ?
It won't really be required as USCIS systems would be updated. but carry it if you have it. Just in case.

ALso, a piece of advice; staying too long like you did ( 10 months) and applying for an extension every time in the future will
affect the renewal of this visa (when it expires).

[cicihk1999]

yes, it has almost been a year . so you can. Do you have the extension approval letter with you ?
It won't really be required as USCIS systems would be updated. but carry it if you have it. Just in case.

ALso, a piece of advice; staying too long like you did ( 10 months) and applying for an extension every time in the future will
affect the renewal of this visa (when it expires).

I have the same planning, I am now in the US since 7/7/2014 and the I-94 expires 1/6/2015. I gonna apply for an extension of stay and assume the new I-94 expires 6/7/2015. Do I need to give a reason for the extension? If the extension is approved, I am planning to leave the US by end of Jun 2015, and then entering into the US again in 2 months time, lets say to be returned by end of Aug 2015. Do you think I will have problem / stopped by the POE? If I have valid reason, like my mom's health situation.....

[peace999]

cicihk1999

Provided your extension is approved then you would have stayed 12 months by june 2015. that is a really a long time for a visit.
Returning in august 2015 , in my opinion, can be dis*****us at POE. But if you have a documented reason for spending 12 months and then returning in 2months
it is all at the discretion of the officer.

What is your mother's visa status in US?
Can you give more details about your mother's health?
Is it serious? and is she getting treated in US?

[cicihk1999]

My US-citizen mom is not so serious. My another long stay reason is to take care my US born daughter. She's 1st year of high school. My US-citizen sister filed me F4 since 4/2004.

[peace999]

you have not mentioned how you came to have a child born in US? Where is your spouse?

[Daintydame]

I'm curious as well I've been in the US since December 2020 and applied for the extension in March of 2021 as my i-94 expired on June 2021. I had my biometrics but I still haven't received a response yet so I'm wondering after I leave January 7,2022 will I have an issue coming back in July of 2022 for a month for his vacation since I've been here a year already. My reason is because my boyfriend lives in the US and we hadn't seen each other because of covid last year and so I wanted to spend more time with him

[HFM1919]

child care is considered work, and work is NOT allowed while in B2 status..somehow I doubt you told USCIS the REAL reason for the extension, or it would have been denied.

[Libra_14]

I'm curious as well I've been in the US since December 2020 and applied for the extension in March of 2021 as my i-94 expired on June 2021. I had my biometrics but I still haven't received a response yet so I'm wondering after I leave January 7,2022 will I have an issue coming back in July of 2022 for a month for his vacation since I've been here a year already. My reason is because my boyfriend lives in the US and we hadn't seen each other because of covid last year and so I wanted to spend more time with him

You "might" be question as to why you stayed long during your visit started in Dec 2020 (Covid can be one reason) as staying that long on B2 visa is legally allowed, but not recommended.

Also, on your next visit if you say that you are here to meet & live with your boy-friend, it "might" create problem, as it shows your intention to live in USA permanently.

[James5828]

You can stay in the U.S. for 240 days after the expiry date on your I-94 if you have proof of an I-539 application. The 13-digit case number and receipt notice by USCIS acts as proof of an existing I-539 document in process.

[HFM1919]

be sure to mention to USCIS where you have been working, as very few people have the resources to camp out in the US without resorting to unauthorized employment.

[newacct]

[QUOTE=James5828;n773856]You can stay in the U.S. for 240 days after the expiry date on your I-94 if you have proof of an I-539 application. The 13-digit case number and receipt notice by USCIS acts as proof of an existing I-539 document in process.


You can stay in the US with a pending timely-filed EOS or COS for as long as it is pending. There is limit on the number of days. You may be confused by the 240-day extension of work authorization for people with pending EOS in a worker status (for them, they can still stay in the US after 240 days; it's just their work authorization ends). That is not relevant here as none of the statuses that I-539 is for is for worker statuses.

[Daintydame]

You "might" be question as to why you stayed long during your visit started in Dec 2020 (Covid can be one reason) as staying that long on B2 visa is legally allowed, but not recommended.

Also, on your next visit if you say that you are here to meet & live with your boy-friend, it "might" create problem, as it shows your intention to live in USA permanently.

no I'm not planning on living with my boyfriend, just visiting him. I have been going to the us for 7 yrs to visit him, as we are long distance and never overstayed in the past

[Libra_14]

no I'm not planning on living with my boyfriend, just visiting him. I have been going to the us for 7 yrs to visit him, as we are long distance and never overstayed in the past

During the visa interview or at POE, the onus is on you to prove your intention of not planning to stay & only visit. By saying you've a US Citizen or PR boyfriend contradict with your long term intention.