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pattyfan

I 131 form question and a general question about staying in status

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Filed: Timeline

HI. My fiance is here on a K-1 visa. We want to make sure we apply for his AOS before the expiration date on his I-94. I have some general questions about staying in status. First, is it correct that if his application for AOS filed, but they as for an RFE, that he will stay in status as long as we supply the necessary documentation in the given time period, and that the expiration date on his 1-94 will no longer matter? Also, I have been reading this forum and I have seen that even though people check and double check their documents, sometimes mistakes happen. If let's say he forgot to sign something, and we got our application back to be signed, would he also remain in status? In other words, are "mistakes" (forgetting to sign a document, sending the wrong amount in the check) treated differently from things that require an RFE?

Also, about the I-131, a friend of mine who is going through the same process with his fiance told me that they filed for the I-131 at the same time as they filed their I-485. He also told me that he filed it without any specific trip in mind. But from the form, it looks like you have to have information on a specific trip.

Thanks for any and all help. I really appreciate you all taking the time to help me.

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Filed: Citizen (apr) Country: Ecuador
Timeline

You don't need specific plans for a trip. Just write "to be determined."

When the AOS package has been sent in, the official status is "applicant for adjustment" -- or, more concisely, "adjustment applicant." This came from an immigration attorney whom I'd asked about this, in "my day."

Edited to add: As with all other steps in the immigration process, the prospects of success are improved by one's abilities to read accurately, interpret instructions literally, and answer completely and honestly. Avoid sweating things unnecessarily.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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