AOS - 30 days and checks not cashes, no receipt number

[its-amy 0]

Hi everyone,

So the firm that I gave my paperwork to sent my husbands AOS package on February 20 (with EAD and AP). It is not March 20 and we still have not received any e-mail notification or any NAO1. We checked the bank and the checks have not been cashed. A couple of days ago USCIS told me to wait until the 20th. I just called and they got my husband's alien number and they told me that he is not in the system.

They also advised me to wait until the first week of April. If I dont get anything by then, I should cancel my check and my application and refile.

What have been your experiences with the AOS NAO1? Is it normal to take this long? Any advise would be great.

[Harpa Timsah 13,258]

It can take up to a month. You are at a month now (add some days depending on how long it took to get there). Either it is there, waiting, or it was rejected and it is being sent back to you.

I highly suggest to NOT cancel the checks, and wait to see where it is. It will show up.

[Lynkali 163]

By "the firm" I assume you mean a lawyer was the one who actually sent off the package. Do you trust that they truly did send it on Feb 20? Do you have the tracking number or anything? I am not trying to say they lied, but I have read several times on the forums here of lawyers who claim they sent files, then on followup admitted that they either (a) sent them later than they reported or (b) never sent them at all.

I would start inquiring with that "firm" and see if they provide proof that they really did send it. If so, yes, you'll just have to wait I think. Sorry it's taking so long for you!

[Hypnos 6,578]

Obtain the tracking number for whatever method "the firm" used to deliver your packet to USCIS. Once you've confirmed that it was delivered 30 days ago (or longer) then you should contact USCIS' misinformation line (1-800-375-5283).

[its-amy 0]

By "the firm" I assume you mean a lawyer was the one who actually sent off the package. Do you trust that they truly did send it on Feb 20? Do you have the tracking number or anything? I am not trying to say they lied, but I have read several times on the forums here of lawyers who claim they sent files, then on followup admitted that they either (a) sent them later than they reported or (b) never sent them at all.

I would start inquiring with that "firm" and see if they provide proof that they really did send it. If so, yes, you'll just have to wait I think. Sorry it's taking so long for you!

I honestly was having the same thoughts as you about the lawyer not sending it the day they said. I ask for proof they only tell me that they didnt use a tracking number however they are sure that USCIS received it.

I really dont know what to do at this point. Any suggestions? Also, is my husband's legal status in jeopardy now?

[Hypnos 6,578]

They can't be sure it was delivered unless they used a courier with tracking capability. It seems more likely they have not yet sent it, or sent it late.

They sound like a good company.

[Lynkali 163]

You married within the 90 days of the K-1 entry, so your husband isn't in jeopardy really -- HOWEVER, he has no proof of legal status and there have been cases (reported here recently even) where, IF he is controlled at a checkpoint, he will be detained, possibly ordered for deportation, and you'll have to get before an immigration judge who will order you to file for AOS immediately. They're not going to hunt him down, but IF he goes through internal checkpoints (for example in the southern USA near the Mexican border, there are dozens of them inside the USA), then he might be detained. He won't be deported since you can fight it and file for AOS, but it wouldn't be pleasant at all. So yeah, it's best to get that NOA1 as soon as you can because otherwise, you run the risk of headaches and lots of court fees.

I am not impressed with your law firm. I would seriously start to question whether they're the best choice to continue with at this point, because no one should send packages as important as the AOS filing without a tracking reference -- that's just incredibly stupid on their part. (Honestly I still suspect they might be lying and might not even have sent it, but there's no proof of that of course.) I'm sorry for your issues, but I'm strongly leaning toward blaming your lawyer rather than USCIS. Even if they did send it as they said, to have done so WITHOUT a tracking reference is extremely negligent and shows very bad judgement on their part.

Yet another example added to the countless ones here of why it's so much better, in most cases, to avoid lawyers for straightforward immigration filings.

[Maria and Jason 55]

I would really put pressure on the firm to find out.

Most of us that have filed Feb or march have all gotten our confirmation e-mail.

I sent it on March 13th and just got my e-mail today.

[kev&ange 0]

Hi Everyone

I just mailed in my AOS package to Chicago which arrived there on Monday morning (tracked with UPS). I have been waiting for a text/email ever since! Hoping it doesn't take longer than a week for them to cash my check and send me an NOA1. I will post back when it happens so we can all get an idea of how long it's taking. I feel awful for the original poster - a month to wait is way too long!

[KayDeeCee 4,896]

~ Moved from AOS from Family Based main forum to Case Filing and Progress Reports sub-forum - topic is filing/case status ~

[kev&ange 0]

So I just got the text/email - a 14 day wait for us from when it was received. Has the original poster received their NOA1 yet?