How do I count out of status days?

[Hamburger Man 3]

1. My wife's K-1 I-94 expires November 2nd, 2010. Does that mean she begins her out of status days on the 2nd, or on the 3rd?

2. We got married within the allowed 90 days (back in August). We sent her AoS packet USPS Express mail on Saturday and I have confirmed (via signature tracking) that it was delivered to the Chicago National Office on Monday, November 1st, 2010. Does she accumulate out of status days from now until the date on the NOA1, or once the I-485 is accepted and in the system, do they back date it to the date received by the office (Nov-1st) for the purpose of counting out of status days?

Thanks

HM

Edited November 3, 2010 by Hamburger Man

[Harpa Timsah 13,258]

It doesn't matter. Out of status days is irrelevant to the spouse of a USC in terms of their petitions for immigration. She will be back in status when the NOA1 is dated (which is the same as the 485 being accepted), which should be in a few days. Sorry, I didn't really answer your question... but I am not sure why you are asking it. Congrats on your marriage!

[newlyweds2010 208]

Admitted until Nov. 2nd? then Nov. 3rd will be her first out of status day.

However, since you filed for AOS already, you will soon receive the NOA with an acceptance date: that's when her status becomes pending, and she will stop accumulating out of status time. She will end up having about a week of out of status, I guess. This to answer your question.

Let me add that you have nothing to worry about. Even though she gets stopped by ICE or CBP in these next few days before USCIS accepts your case and you have the NOA in hand, she'll be safe because the spouse of a USC is immediately eligible to adjust status, therefore the worst that can happen is that she will be lectured about filing for AOS as soon as possible. To which you can reply that you did already, even before her I-94 expired, and you're currently waiting for the Notice of Action.

Edited November 3, 2010 by newlyweds2010