removal of conditions application - no receipt yet - leave the US?!?

[what a journey 0]

My wife is South African, I am American. After the 2 year waiting period (with the temporary green card), we have applied for the Adjustment of Status so that she can get her permanent green card. The two year date will be this Thursday, and we are stressing out, because we understand that she will have to leave the country if we don't get the receipt showing that they have received our application for the adjustment of status. We tracked the package and it did arrive there, just no receipt yet. Will she have to leave the country if we do not get a receipt?!? I have also read that she should not leave the country until her application is reviewed, otherwise it will automatically cancel her application . . . so it feels like a loose - loose situation right now. Any feedback or suggestion would help. Thank you

[Harpa Timsah 13,258]

If she already has a GC then you are pursuing Removal of Conditions, not Adjustment of Status.

The receipt can take up to a month and will be backdated to the date that they received the package. So no, you don't have to leave the country if you filed. Just sit tight and wait for the receipt.

[audrynicolle 0]

I won't take a single chance without your 1 year extension. Good luck

[Harpa Timsah 13,258]

I don't think the OP wants to travel. I think they think that if the receipt has not arrived by the time the GC expires, they need to depart the US immediately, which is not true.

[Ban Hammer 13,590]

moved to correct forum and topic title edited as op is seeking advice on roc, not aos.

[what a journey 0]

My wife is not trying to travel. she would simply (not so simple!) be leaving so as to avoid overstaying her visa, which she and I take very seriously. Harpa, do you know of any place that I might be able to read more about this in detail, maybe from an official site? I have read that my wife can not be in the country once her visa expires (obviously), but i have not been able to find anything that explains exactly what happens if we do not receive the receipt before her visa expires.

Again, we have a UPS tracking confirmation that the package arrived there, just no documentation from their side . . . my wife called them yesterday (you know how that gos, with wait time) and I dont think they were very helpful, basically just saying wait for it, it might come soon, we can't give you advice - type attitude.

Thank you for your help

[annerobin12 9]

why are you stressing so much?

she's not on a visa anymore, she already has a greencard and since you're not trying to travel you can just wait for the receipt to arrive. she doesn't have to leave the country.

[annerobin12 9]

You should be fine since you filed within the 90 days expiration window and I'm sure you will get your receipt soon. It's not like you waited until her card expired and THEN you sent all the stuff, I'd be concerned if that happened.

I'm sure you'll be fine but uscis would let you know if she actually had to leave because she's out of status and filed too late. So no, don't just let her leave because she's technically out of status!

[rhenzhen 5]

My wife is not trying to travel. she would simply (not so simple!) be leaving so as to avoid overstaying her visa, which she and I take very seriously. Harpa, do you know of any place that I might be able to read more about this in detail, maybe from an official site? I have read that my wife can not be in the country once her visa expires (obviously), but i have not been able to find anything that explains exactly what happens if we do not receive the receipt before her visa expires.

Again, we have a UPS tracking confirmation that the package arrived there, just no documentation from their side . . . my wife called them yesterday (you know how that gos, with wait time) and I dont think they were very helpful, basically just saying wait for it, it might come soon, we can't give you advice - type attitude.

Thank you for your help

If you filed correctly (ROC instead of AOS). Your wife NOA1 should arrive in 1-3 weeks from the date you mailed it. I received mine after 2 and half weeks. Your wife doesn't need to leave the country.

Edited September 17, 2013 by rhenzhen

[what a journey 0]

Yes, we filed for the ROC. Our current plan is to knock on our neighbors doors to see if they inadvertently picked up our mail, talk to the post man about this, call the national service, and also my wife is trying to set up an appointment to get a stamp on her passport that would show that her status is pending, i believe it is through infopass. This is what a lawyer she has worked with before recommended. It all seems a bit excessive, all because we haven't received a receipt from them yet. . . but then again, better be safe than sorry, and as a last resort, she would have to leave the country, which unfortunately seems like it would complicate things even more, as I understand that our application would be terminated and we would have to start over? . . . any suggestions on what else we can do?

[Cheezees 1,514]

Do you mean the expiration of her green card, and not visa? Permanent residents don't need/have visas, even conditional ones.

[what a journey 0]

Yes, sorry: I mean the expiration of her temporary green card. Thank you

[EM_Vandaveer 2,417]

You really are overreacting. She does not have to leave. She is in status. You'll get the NOA soon.

[Done--Really 331]

Worry about something big like an asteroid hitting the earth...there is ABSOLUTELY nothing to be concerned about and there is NO conceivable reason to leave the country.

Seriously !!

[Hilario 13]

There is an astroid going to hit earth????? ####### why am I always the last to know????