I-130 with I-485 submission...I-94 expires soon. Help!

[UKROBB 0]

Hi,

I entered the US legally in December 2011 on an M1 student visa. In March 2012 my OPT was approved and my I-94 reissued with a new Departure date of 08/02/12. My wife and I got married in June, and we submitted the I-130 concurrently with the I-485 (and everything else required) recently.

My issue is, the Chicago Lockbox has only just received my package in the mail, currently giving me 9days before my I-94 Departure date. I've read in a few places that as long as I entered legally and they receive the submission before the I-94 Departure date, then overstaying doesn't matter. We also had a consultation with an immigration lawyer who advised us similar.

Can anyone back this up? I'd be really grateful.

Thank you so much in advance.

Edited July 24, 2012 by UKROBB

[highHopes 17]

Hi,

I entered the US legally in December 2011 on an M1 student visa. In March 2012 my OPT was approved and my I-94 reissued with a new Departure date of 08/02/12. My wife and I got married in June, and we submitted the I-130 concurrently with the I-485 (and everything else required) recently.

My issue is, the Chicago Lockbox has only just received my package in the mail, currently giving me 9days before my I-94 Departure date. I've read in a few places that as long as I entered legally and they receive the submission before the I-94 Departure date, then overstaying doesn't matter. We also had a consultation with an immigration lawyer who advised us similar.

Can anyone back this up? I'd be really grateful.

Thank you so much in advance.

Well am just adding based on my experience and advice of my attorney I actually entered legally in 2008 on an F-1 went to my dads funeral 2010 for just a week and returned back in legally again my visa expired January 2012 i got married February 2012 my 1-20 expired May 2012 but i had 60 days to leave the country or adjust which i adjusted in June and my attorney informed me i had nothing to worry about as long as i entered legally even if you overstayed there is a waiver for forgiveness as long as you entered legally

[UKROBB 0]

Thanks HighHopes,

I also just spoke to the USCIS directly (finally managed to navigate their crazy automated phone system), and the guy on the phone also confirmed that they turn a blind eye to anyone out of status, as long as they entered the US legally.

Thanks again!