I94 Expiring, no I130/I1485 filed

[David and Marina 0]

So here is the problem.

I can't get a physican around our area to do an immigration physical. My wife's (came on visitors visa and married on Nov 15th) I94 expires November 27th.

Is this going to be a problem filing after her I94 expires since we are married?

I know i have asked this question before, but seeking advice again:

[Yodrak 7]

David and Marina,

Are the physician's you've contacted USCIS-designated Civil Surgeons? If not get a list of the physicians you should be contacting from the USCIS.

Yodrak

So here is the problem.

I can't get a physican around our area to do an immigration physical. My wife's (came on visitors visa and married on Nov 15th) I94 expires November 27th.

Is this going to be a problem filing after her I94 expires since we are married?

I know i have asked this question before, but seeking advice again:

[jsassman 1]

>>"I can't get a physican around our area to do an immigration physical."

Why? USCIS lists many, many hundereds of certified civil surgeons all over the country who can do this...Go to this page, http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD to find one or search on "civil surgeon" at http://www.uscis.gov.

[john_and_marlene 162]

If you can't get the medical exam done before the I-94 expires, file without it. You will protect against out of status time that way. They will either request it prior to an interview or they will let you bring it to the interview with you. Either way there will be no out of status days accrued unless the AOS is denied.

Edited November 21, 2006 by john_and_marlene

[Kez/JWolf 6]

I was in the same boat as your wife I cam on a VWP and wanted to file before the I-94 expired... I filed without the medical all they will do is send a RFE for the medical.... that will give you time to have the medical and any vaccinations done and have it all ready to mail as soon as the RFE arrives...

[___ 0]

File without the medical.

Edited November 21, 2006 by Catharina_dAlbi

[David and Marina 0]

Does the I130 and other petitions need to be FILED before the I94 expires or RECEIVED before that date?

[___ 0]

Does the I130 and other petitions need to be FILED before the I94 expires or RECEIVED before that date?

A petition is officially filed when it's RECEIVED. It doesn't matter when you send it.

Edited November 22, 2006 by Catharina_dAlbi

[David and Marina 0]

Does the I130 and other petitions need to be FILED before the I94 expires or RECEIVED before that date?

A petition is officially filed when it's RECEIVED. It doesn't matter when you send it.

SO with the holiday, if sent on Friday (overnight) and assuming Saturday delivery, will someone be in Chicago to have it "received"....anyone know?

[mexi 0]

I just wanna tell u that i applied for my AOS a year after my I94 got expired and I did not have any problems whatsoever. Check my timeline below. I dint even have any RFEs or interview. I also know some friends who applied late after and had no troubles as well.

[no name 1]

SO with the holiday, if sent on Friday (overnight) and assuming Saturday delivery, will someone be in Chicago to have it "received"....anyone know?

I plan on mailing my AOS/EAD packet Friday - does anyone know if it they accept Saturday deliveries?

[JayJay 4]

I was in the same boat - the civil surgeon was booked up until 2 weeks after my I-94 expiration date. We called USCIS, and they advised me to wait until we'd done the medical to file, which we did. Thus I was out of status for about a month before the packet was sent to Chicago.

We were worried about this "out of status" time, but USCIS confirmed multiple times that we were not to worry unless it had been more than six months. In the end, we had a smooth AOS process - the out of status time wasn't questioned or ever mentioned in any way at all. I got my work permit authorised about 2 and 1/2 months later, and we got an interview he following March, nine months after filing. I wouldn't fret over it, or you'll drive yourself nuts - just call USCIS about five times, speak to five different people and see what their consensus is.

Good luck

[___ 0]

David and Marina,

I wouldn't risk it. Considering she came on a tourist visa and you withdrew the K1, the best thing would probably be to file as soon as possible. Good luck!

[David and Marina 0]

David and Marina,

I wouldn't risk it. Considering she came on a tourist visa and you withdrew the K1, the best thing would probably be to file as soon as possible. Good luck!

Yes, we filed today... all 135ish pages! The 693, will have to wait two weeks, what is another RFE anyways