I-485/I-130 Submitted

[Sawnic 0]

Hi,

I previously posted about my situation in the Tourist Visa forum (apparently this is the right location for that--sorry!)

My wife came to the US on December 21st, 2010 and we married on March 1st. There was no intent of this (or the subsequent adjustment) when she came over, it was initially going to just be a Christmas visit, basically. We basically created and assembled the entire I-485 and I-130 package over the past two days (Sunday and Monday), today I mailed the forms out but I am really worried about an outright rejection of the application, because if the rejection is rejected and sent back to me my wife will be an overstay and I feel, at that point, we will have no choice for her to return to her home country and file a CR-1. I tried to do as much checking as I could before submitting the application, and now that it's sent I notice a couple things that worry me. Could I get some advice on this? Am I just being extremely paranoid or are these fears justified?

My primary concern regards the G-325A. Two issues specifically stand out:

1. The difference between N/A and None

2. The 'This form is submitted in connection with an application for' section.

I think that in most cases I answered N/A and None correctly throughout the forms but, in the event I mixed this up, is this something that could/would cause them to reject the application? The Alien Registration Number is what has me concerned the most. On my form, I put N/A -- I think this is valid because as I am a U.S. Citizen the question is not applicable to me, though I suppose None would be valid as well. For my wife's, however, I actually realize that we answered these differently (because we submitted two G-325As for her, one with the I-130 and one with the I-485). On one of them I put None, and on the other I put N/A. For her, I think None is actually correct, and now I am worried they'll reject our application because it says N/A for the other. I really hope I'm just overreacting here, but I can't help by wonder.

In regards to the "This form is submitted..." section, for my G-325A (as the petitioner) sent with the I-130, I checked Other and put I-130 application for Spouse. For my wife's G-325A (the I-130 copy and the I-485 copy) we put Status as Permanent Resident. For the I-485, I'm pretty sure this is correct, but what about the I-130? Should we have put Other--I-130 for that?

Other than (apparently) minute things such as this, I think everything is OK. Everything is signed and dated. I put the I-130 package in a labeled folder and the I-485 package in a labeled folder, but both are in the same envelope sent to the USCIC, Chicago lockbox. The primary cover sheet and check is inside one of the folders, but the folder is pretty clear so they should see that when they open it up. If I get an RFE for something, I can deal with that but I really don't know what I do if the application gets rejected outright.

One more question I have at the moment. I asked this as part of a previous post and got some helpful answers, but would just like to get further opinion as there seems to be a difference of opinion on this.

--My wife's VWP stay expires on March 19th. We overnighted the package today, so they should receive it by March 9th. I'm worried that they will not process the application until after the 19th and, at the end, reject our application because of an overstay even though we personally filed the application 11 days in advance (and they should receive it 10 days in advance.) I know that an overstay only excludes you at their discretion, but it seems they are cracking down on this. Would they seriously claim she is an overstay if they accept the application after the 90 days when there is clear evidence we sent it in previously?

Thanks in advance for any help on this. Sorry for the long-winded post; we worked on this for 16 hours on Sunday and about 12 yesterday and I'm just really hoping that it wasn't all for naught.

[Mrstate 1]

I did the same thing with NA and none in some I stated NA some is NONE i can't really tell the difference but not worry about that too much as long as you filled out everything correctly, If there is some that you forgot to fill out they will reject it and return it to you, then you can correct it and resend it again.

[Sawnic 0]

Thanks Mrstate, good to know I'm not alone on this! Keep me posted on your AOS journey.

Does anyone else have an opinion on this, specifically the G-325A information? Would an application ever be rejected outright because of the incorrect response (N/A for alien number for my wife instead of None)? And what about the checkbox signifying why the G-325A was submitted? Is "Status as permanent resident" correct for my wife's I-130 G325A and her I-485 G325A and is Other--I-130 Application for Spouse valid for my I-130 G325A?

Thanks! Also, what about the filing date? I have received helpful information regarding this, but there seems to be a disagreement on this. They will receive the package by noon on March 9th. So, if somebody drops the ball and it doesn't get processed until say, April 1st, would they likely deny our application based on overstay even though they technically received the application 10 days in advance?

Thanks again!

[Harpa Timsah 13,258]

They won't deny yo for something silly like putting "none" when "N/A" is more appropriate. They can and will change minor errors in your paperwork if there is evidence to back up the change. In this case - it's probably not needed.

Yes, they can deny you for overstay if your NOA1 is not issued before the 90 days are up. That's why we have stated it needs to be initially accepted before the 90 days are up, not just in the mailroom. Good luck.

[Sawnic 0]

They won't deny yo for something silly like putting "none" when "N/A" is more appropriate. They can and will change minor errors in your paperwork if there is evidence to back up the change. In this case - it's probably not needed.

Yes, they can deny you for overstay if your NOA1 is not issued before the 90 days are up. That's why we have stated it needs to be initially accepted before the 90 days are up, not just in the mailroom. Good luck.

Thanks again, Harpa! Sorry if I seem really strung out over this. I never thought I'd experience something as stressful as this process.

[Harpa Timsah 13,258]

Thanks again, Harpa! Sorry if I seem really strung out over this. I never thought I'd experience something as stressful as this process.

It is stressful, but if you want less stress, your wife could go home and you could follow the CR-1 visa path. I'd take the stress and realize that you have a special opportunity because of your circumstances right now, that you couldn't replicate if you tried.

Oh, and you should be posting over here

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Good luck to you.

[Brad and Vika 129]

Moved from AOS from Family Based forum.