Regarding overstay question in DS160 application

[sranjan]

I have a query regarding following question in DS-160 application:

"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

 

Last time when we traveled to US on H1-B, I have applied for extension of visa as my project got extended. My assignment got completed and I have traveled back to India along with my dependent even before decision of extension application. The decision came later and my H1-B extension(I129) was approved. But my spouse extension application(I539) was rejected at the same time. Extension application was filed on time and we traveled back before the decision came. But since my spouse application is denied does that mean she has overstayed even though we filed extension on time? Is this considered as overstay in DS160 application?

[jairichi]

I have a query regarding following question in DS-160 application:

"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

 

Last time when we traveled to US on H1-B, I have applied for extension of visa as my project got extended. My assignment got completed and I have traveled back to India along with my dependent even before decision of extension application. The decision came later and my H1-B extension(I129) was approved. But my spouse extension application(I539) was rejected at the same time. Extension application was filed on time and we traveled back before the decision came. But since my spouse application is denied does that mean she has overstayed even though we filed extension on time? Is this considered as overstay in DS160 application?

Nope. She is fine. Nothing to worry.

[sranjan]

Thank you for quick reply.

 

I have one more query regarding following question:

"Have you ever been refused a US visa, ...."

 

I assume that the above rejected extension application of my spouse should be mentioned here. Please confirm. 

[jairichi]

Thank you for quick reply.

 

I have one more query regarding following question:

"Have you ever been refused a US visa, ...."

 

I assume that the above rejected extension application of my spouse should be mentioned here. Please confirm. 

Nope. It was refusal of extension of status and not issuance of visa.