Chicago weather delayed delivery past wife's entry stamp

[silentplummet 3]

Hello all,

My wife and I recently sent the I-485 packet to the Chicago office to adjust from her K1 visa status. We sent the packet by the fastest available UPS service on 1/4, and she was legal until 1/6. It was supposed to arrive on 1/6 by 10:30 AM, but wouldn't you know it, a huge winter storm comes along and now it's 1/7 and still not delivered. Furthermore the offices were closed due to the inclement weather anyway.

Basically my question is, are we in trouble now? A reasonable person should be able to look at this and see the extenuating circumstances, but are they known for being reasonable? My fear is that someone will open the packet, see that it was received after her entry permission expires, and deny since there is no basis for her eligibility, even though they closed their offices on a day they were supposed to be open.

Edited January 7, 2014 by silentplummet

[Ryan H 3,834]

If you married within 90 days after arrival, then you fulfilled the terms of the visa. There is no hard deadline as to when AOS must be filed after marrying so this is a non-issue.

[silentplummet 3]

Thanks for your input. However, I'm still concerned about the instructions for the i-485 form, which state on page 2:

"...you are not eligible for adjustment of status if any of the following apply to you:
...
4. Your authorized stay expired before you filed this
application;"

Which, depending on how you look at it, may or may not be the case. How do they interpret the word "filed"? If it means "received by USCIS in Chicago", then are they lenient in cases where they shut down their office on days they should be open for business?

[Pitaya 2,577]

The K-1 visa was null and void when your wife arrived, and was processed, at her POE. The prevailing document determining her "legal stay" is the I-94. As a consequence, the expiration date on the defunct K-1 visa is of no consequence.

It helps everyone that uses the forum. Additionally, it would enable other forum members, like RyanH and myself, to accurately determine your immigration status and formulate a proper response.

Edited January 8, 2014 by A&B

[Hypnos 6,578]

If you further read that paragraph it states:

"Unless you are applying for...adjustment of status under a category in which special rules apply".

She is filing as an immediate relative of a US citizen, namely a spouse. Special rules apply when filing for adjustment as an immediate relative of a US citizen, and one of those is that overstay is not penalised. She could apply for AoS in-status, with days or ten years of overstay, she remains eligible as long as she's married to you and entered the country legally.

Edited January 8, 2014 by Hypnos

[silentplummet 3]

I see, thank you all for your responses. I didn't realize that special rules applied.

[Pitaya 2,577]

Welcome to the forum.

[KayDeeCee 4,896]

I see, thank you all for your responses. I didn't realize that special rules applied.

Yes, it is there in the form instructions. No deadline to file. You are eligible to file just because you married within the 90 days of entry.

Who May File Form I-485?

...

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S.

citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

...

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of

your own or for technical reasons; unless you are applying because you are

...

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission;