When is the AOS packet actually considered "filed"?

[NateM 0]

My fiancee is here on a K-1 visa, and her I-94 expires on June 21st (12 days from now). We got married a bit later than originally intended, and now have to prepare/file the AOS paperwork. I know that it's best to file before the I-94 expires if possible, but am wondering what exactly constitutes "filing" in this case. Does this just mean it must be postmarked before the deadline (like when people file their taxes)? Or, does it mean it must reach the actual destination by the deadline?

Another possibility just occurred to me... Can it take additional days after being received for it to be considered filed, given that the USCIS is so large (and if so, how many extra days)? For example, if we're trying to file by the 21st... If they receive the packet on the 19th or 20th, is it possible that it won't be considered to be "filed" until, say, the 23rd?

Sorry for all the questions, but I just want to budget my time appropriately. Any insight would be greatly appreciated.

NateM

P.S. I already know that some people have filed a few days or weeks after the I-94 expiration and experienced no problems. I'm just trying to avoid that situation if possible.

[YuAndDan 153]

The date that is noted on I-485 NOA1 letter.

[Cuchita 1]

Oh yeah that's right YuandDan, they sent me a letter saying "on such and such date we received such and such thing.... so they consider the date they assign it to an officer and that person writes you the letter.

Edited June 9, 2009 by Cuchita

[Bobby+Umit 161]

P.S. I already know that some people have filed a few days or weeks after the I-94 expiration and experienced no problems. I'm just trying to avoid that situation if possible.

Short amounts of overstay should not present an issue. Yes, being out of status can cause issues with ICE regardless of the amount of time, so get that NOA ASAP to avoid any issues. Tjere are posts here where people have experienced problems with this, and even one case where they had the NOA.

If your overstay exceeds 180 days, do not attempt to travel, even if you receive the AP, as bans occcur on the re-entry attempt. (not in your case, so far - so not a worry.).

[NateM 0]

Thanks for the above - the replies answer part of the question, though they are slightly vague... Does anyone know approximately how long it takes for the AOS packet, once received, to be assigned to an actual officer?

[Bobby+Umit 161]

Thanks for the above - the replies answer part of the question, though they are slightly vague... Does anyone know approximately how long it takes for the AOS packet, once received, to be assigned to an actual officer?

If someone could give you an accurate answer on that - they would make a lot of money here

From the timelines I have seen, it varies, widely. Some get it done in months, where others are still waiting, 1 year later. (there are posts here where they needed to renew their EAD/AP because they haven't had their AOS worked on).

[TBoneTX 45,299]

If you're nervous: Save a photocopy of the cover-letter that you send with your AOS submission. (Mine even had enough blank space at the bottom so that I could position the $1,010 check there, leading to a photocopy of the letter and check on one page.) The foreign spouse should keep this copy on his/her person at ALL times, and then replace it with a COPY of the NOA1 when that paper arrives.

If this sounds like overkill, so be it. Anti-ALL-immigrant sentiment is so high everywhere that the "lawfully present" would do well to distinguish themselves. You never know when an unknowledgeable, mean, or rogue law-enforcement officer will want to throw his weight around... and overdocumentation is 100% crucial if you're anywhere near an inland Customs & Border Protection station.

[NateM 0]

Thanks for the above - the replies answer part of the question, though they are slightly vague... Does anyone know approximately how long it takes for the AOS packet, once received, to be assigned to an actual officer?

If someone could give you an accurate answer on that - they would make a lot of money here

From the timelines I have seen, it varies, widely. Some get it done in months, where others are still waiting, 1 year later. (there are posts here where they needed to renew their EAD/AP because they haven't had their AOS worked on).

Bobby_Umit - Sorry... When I made the "vague" comment earlier, I was referring to the first two replies - hadn't seen yours yet . Anyway, I'm still a little confused on a few things... Going by some of the posts above, it sounds as though a person can get married, say, two weeks after their arrival (on a K-1), send in their AOS paperwork a week later (which in this case would leave over two months before the I-94 expires), and still be considered as filing late because they may not get their NOA2 for year... Is there anything besides the NOA2 letter that can be used as proof that the AOS/I-485 is in pending status? I thought I had read somewhere that there was some sort of receipt that can be used as proof that the AOS is pending (to use as proof once the I-94 has expired). I can't remember exactly where I may have seen this, but do you (or anyone else reading this) know what I mean?

Also, could you or someone tell me what ICE stands for?

[edp333 9]

As long as you have filed your beneficiary should be considered legally in the US. There always seems to be some exceptions to USCIS rules. As long as you have the NOA1 for proof, all should be well. A copy of the cashed check, along with a copy of the I-485, and delivery confirmation would be the next best thing.

ICE stands for Immigration and Customs Enforement. http://www.ice.gov/

Edited June 10, 2009 by edp333

[Bobby+Umit 161]

Thanks for the above - the replies answer part of the question, though they are slightly vague... Does anyone know approximately how long it takes for the AOS packet, once received, to be assigned to an actual officer?

If someone could give you an accurate answer on that - they would make a lot of money here

From the timelines I have seen, it varies, widely. Some get it done in months, where others are still waiting, 1 year later. (there are posts here where they needed to renew their EAD/AP because they haven't had their AOS worked on).

Bobby_Umit - Sorry... When I made the "vague" comment earlier, I was referring to the first two replies - hadn't seen yours yet . Anyway, I'm still a little confused on a few things... Going by some of the posts above, it sounds as though a person can get married, say, two weeks after their arrival (on a K-1), send in their AOS paperwork a week later (which in this case would leave over two months before the I-94 expires), and still be considered as filing late because they may not get their NOA2 for year... Is there anything besides the NOA2 letter that can be used as proof that the AOS/I-485 is in pending status? I thought I had read somewhere that there was some sort of receipt that can be used as proof that the AOS is pending (to use as proof once the I-94 has expired). I can't remember exactly where I may have seen this, but do you (or anyone else reading this) know what I mean?

Also, could you or someone tell me what ICE stands for?

There are a lot of discussions going on - what ICE wants, USCIS, etc, but from all my searching, most of the lawyers say as long as you have the NOA for filing the AOS, your legally covered. (awaiting status change).

That is your "proof" you have filed for AOS.

So as long as you have that, your should be covered. Once your interview is done, you will either be approved or not. Then your usually given 30 days to leave if your not approved.