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View Full Version : Failed to extend a B2 Visa


petersebastian
03-31-2009, 06:40 PM
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!

nousername
03-31-2009, 06:47 PM
Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.

You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.

petersebastian
03-31-2009, 06:49 PM
Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.

You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.

He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).

petersebastian
04-01-2009, 02:59 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

snathan
04-01-2009, 04:18 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.

ashkam
04-01-2009, 04:24 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.

petersebastian
04-01-2009, 06:58 PM
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.

Yes, thank you, maybe I wasn't clear about it, but I wanted to make sure that the 3 year ban something I will be facing if I overstay the 180 days, not before. I want to stay here with my boyfriend, as I planned until the end on May, but I don't want to do something that will give me a ban...

petersebastian
04-01-2009, 07:00 PM
Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.

And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.

senthil1
04-01-2009, 08:25 PM
If extension is denied it is better to leave asap especially within 30 days. More the delay more problem while applying any visa in Consulate in future.

Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!

snathan
04-01-2009, 11:50 PM
And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.

you dont have to marry. just remain as illegal and they will GC sooner.

petersebastian
04-02-2009, 12:31 AM
you dont have to marry. just remain as illegal and they will GC sooner.

Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!

redcard
04-02-2009, 11:01 AM
Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!

Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.

ashkam
04-02-2009, 11:46 AM
you dont have to marry. just remain as illegal and they will GC sooner.

I know you're kidding, but I don't think Mr Sebastian knows that. It's kinda dangerous to tell him he'll get his GC by remaining illegal. Just my opinion.

ashkam
04-02-2009, 11:47 AM
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.

I don't think the feds accept gay marriage yet for immigration purposes. It's sad.

petersebastian
04-02-2009, 02:09 PM
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.

No, they will not. In fact, if I get married to him, they will deport me immediately.
Well guys thanks for your help...

And you're not the only one to tell me to stay here to get my gc. I was also advised to marry a woman just for the gc. The point is that I don't want to do anything illegal.

But I considered all those options. All I want to do right now is to stay with my partner just a little bit longer, I can't imagine putting an ocean between us again. I understand that I'm already in a difficult situation, and I will have a lot of explaining to do in the future when applying for a visa (since as I understand my current one is no longer valid), but I just want to get a ban. That's the only thing I'm afraid of.

krishnam70
04-06-2009, 05:44 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation

- cheers
kris