Big problem with filing AOS for my wife-- help!!

[devilfishlane 0]

Hello

My wife , from Colombia, came to the US(Florida) on a tourist visa. We got married 4 months later and filed the paperwork. USCIS sent the paperwork back to my residence ,saying a few minor needed to be corrected to proceed. The problem is that my wife and I are in Boston for a month , so I had my father foward the papers to me, and they possibly got lost in the mail. My wife's tourist visa for the 6 month's she was given at the airport, expires on June 15.

Since USCIS "touched" the papers is their a record of it?

Is there a big problem if USCIS receives these papers after June 15, a day her visa date expires?

If I don't receive them in the mail in the next few days, I will have to fly home and try to redue everything quick

Thank you

[vip1 8]

Can you carify what you mean when you say "a few minor needed to be corrected"? what type of things? I don't think the over stay will be a problem because that usually gets forgiven by USCIS, now i would be worried that your wife didn't enter the USA with a fiance or spousal visa. You can't come with a tourist visa and the marry...can you prove that you wife's intentions when coming here was to visit only?

Hope that helps....

[devilfishlane 0]

Thanks for the responses. My girlfriend(wife now) came to the US with no intentions of marrying me. But after 4 months here with me we decided to get married. I knew her and dated for 2 years, as I was living in her country, Colombia for 5 yrs.

"a few minor things needed to be corrected" --- USCIS said I sent the wrong amonut on the check and I didn't include a form.

If the papers are lost in the mail, I guess I will have to send them again .. Right?

[Bobby+Umit 161]

Thanks for the responses. My girlfriend(wife now) came to the US with no intentions of marrying me. But after 4 months here with me we decided to get married. I knew her and dated for 2 years, as I was living in her country, Colombia for 5 yrs.

"a few minor things needed to be corrected" --- USCIS said I sent the wrong amonut on the check and I didn't include a form.

If the papers are lost in the mail, I guess I will have to send them again .. Right?

Correct - you would have to send the whole package again. Ensure you follow the guides above to double check your package.

If you don't get the NOA for the AOS prior to June 15, afterwards, your wife will be "out of status", subject to problems with ICE (which can include deportation, regardless of marriage).

Her status will not be secured until you get that NOA (applicant to adjust status), so ensure you file asap.

There are posts here that point to this as being a problem (no NOA) - so take heed.

[devilfishlane 0]

Thanks. So I can still send the papers to USCIS , even if my wife is "out of status" ? I am going to try to get the papers together and send them out ASAP, but I don't think I'll get the NOA in my hands before June 15

[Bobby+Umit 161]

Thanks. So I can still send the papers to USCIS , even if my wife is "out of status" ? I am going to try to get the papers together and send them out ASAP, but I don't think I'll get the NOA in my hands before June 15

Correct (that is - if you are an USC).

[Johnnny 0]

Thanks. So I can still send the papers to USCIS , even if my wife is "out of status" ? I am going to try to get the papers together and send them out ASAP, but I don't think I'll get the NOA in my hands before June 15

Correct (that is - if you are an USC).

We got the same problem, my wife came on a tourist visa like what you said of no intention of getting married, before her 1_94 expired we got an advice from the lawyer that she can adjust her status...but later on, the problem came where she got her I-94 expired the lawyer said its very risky to file an AOS for a tourist visa and it might be the cause of deportation(lawyers fee) is non refundable...so i let her out of the country to file K3 or IR/CR1 i dont have to worry AOS that we might pass the interview or not...but the choice is still yours. You better decide while she still have left on her I-94 status ....for in your problem you know each other for 2 years that might give the immigration a hint that your wife has an intention to get married on her toursit visa.

Edited June 6, 2009 by Johnnny