Is she Overstayed? What is her status?

[Kris & Liezl 3]

My wife (who arrived here with a K-1 as my fiancee on 9/14/2011) will have her I-94 expire TODAY, 12/13/2011. We were married on 11/11/2011; and I mailed my AOS for her on 11/30/2011, after gathering all of the required documentation and money for fees. Per Fedex, "J. Chyba" at the courier address in Chicago signed for it one day later on 12/1/2011.

Today is 12/13/2011 and I have not heard anything from anyone. I called my bank, and the check has not been cashed. I called USCIS Customer Service and it does not show up in their system yet. Apparently, it is collecting dust in the facility where it arrived. The screen-reader at USCIS customer service would not answer the question I was asking, which is: what will be her status TOMORROW (unless by some miracle, there is a NOA1 when we get home)? What do we need to do to keep her legal, if anything? I guess I have proof I mailed it prior-to her I-94 expiration, in my Fedex delivery confirmation. Does that date they signed for it become the receipt date, or will that be when they actually begin processing? Do I need to do anything in the meantime, like file an extension?

Also, in my rush to get everything off, I forgot to include the AP form. We don't have any specific plans in the immediate future, but it would be nice to have if something comes up. Since they are not processing our packet yet, can I mail that in NOW and include a letter saying to please stick this with our our AOS packet, as we forgot to include it with the initial packet - which has not been processed yet?

Thanks to all who respond.

[jojolicious 38]

She would be in a period of authorised stay, what I call pending.

The fact that you tracked it and know that it made it to the facility is a plus and I don't think you should be worried. People and things tend to slow down a bit during December because of the holidays.

You don't need to file an extension and even so I doubt you would be granted an extension of stay on a K-1's I-94.

I think it would be best for you to wait on your receipts before sending off the AP documents. Hopefully some other posters will shed some more light on your situation.

[Hendea3 4]

Since you were married within 90days of entry on the K1 visa the visa requirements were satisfied. The I-94 date is irrelevant. It would have only come into play if it ran out and you guys did not yet get married.Do not send the AP on its own without having a case number (NOA1) the chances that it will get misplaced/lost etc are EXTREMELY high. Just make sure she does not leave the country until you do receive an approved AP OR her Green card.

[Brother Hesekiel 2,236]

Until the USCIS acknowledges the receipt of the AoS package, the wife will be out of status. Don't matter, as no judge would give her a hard time as she fulfilled the requirements of the K-1 and thus is eligible for AoS. In fact, if a federal officer (and nobody else has such authority to begin with!) checked the database, she most likely would already have entered the period of authorized stay, ebven if the NoA hasn't been mailed out. In plain English: relax and have a glass of wine with your wife. Life is good.

[Bobby+Umit 161]

Since you were married within 90days of entry on the K1 visa the visa requirements were satisfied. The I-94 date is irrelevant. It would have only come into play if it ran out and you guys did not yet get married.Do not send the AP on its own without having a case number (NOA1) the chances that it will get misplaced/lost etc are EXTREMELY high. Just make sure she does not leave the country until you do receive an approved AP OR her Green card.

Actually - it is really relevant.

The out of status clock starts ticking when it expires, and if the person goes past 180 days, if they leave, without the GC, they invoke a ban upon re-entry into the US. The next part is really important.

Even if they get the AP, if they have 180+ days of overstay, they will incur the ban.

The rules for the I-94 do not disappear just because your here on a K-1 visa. I don't know why people make that assumption. Regardless if you met the conditions of the K-1 by marrying in 90 days.

Granted, the odds of you having issues would be low - however, with the current mood in some states, I would not want to take the risk of being "out of status".

There was a post here where the poster had issues in Texas, and was put in immigration detention till they could prove they had a NOA. Imagine what would of happened if they didn't.

Other issues by waiting to file the AOS are lack of travel outside the US, work, and the clock for USC.

[dindo and patty 20]

Actually - it is really relevant.

The out of status clock starts ticking when it expires, and if the person goes past 180 days, if they leave, without the GC, they invoke a ban upon re-entry into the US. The next part is really important.

Even if they get the AP, if they have 180+ days of overstay, they will incur the ban.

The rules for the I-94 do not disappear just because your here on a K-1 visa. I don't know why people make that assumption. Regardless if you met the conditions of the K-1 by marrying in 90 days.

Granted, the odds of you having issues would be low - however, with the current mood in some states, I would not want to take the risk of being "out of status".

There was a post here where the poster had issues in Texas, and was put in immigration detention till they could prove they had a NOA. Imagine what would of happened if they didn't.

Other issues by waiting to file the AOS are lack of travel outside the US, work, and the clock for USC.

Does this mean that when finally sending in the AoS to not include the application for AP because it would be a moot point?

[ceadsearc 516]

Does this mean that when finally sending in the AoS to not include the application for AP because it would be a moot point?

Only if you have an overstay of 180+ days or near to it.

[Bobby+Umit 161]

Only if you have an overstay of 180+ days or near to it.

Yep. There was a case here on VJ where the poster left with a valid AP - but discovered they had the ban upon re-entry.

USCIS doesn't check to see if your eligible for the AP - they even tell you about the ban in the instructions - it's CBP that gets you...

Once you get the GC - overstay is a non-issue.

[dindo and patty 20]

Yep. There was a case here on VJ where the poster left with a valid AP - but discovered they had the ban upon re-entry.

USCIS doesn't check to see if your eligible for the AP - they even tell you about the ban in the instructions - it's CBP that gets you...

Once you get the GC - overstay is a non-issue.

Thanks a bunch!