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Hi Everybody!

 

Would you clarify one question for me? I'm US Citizen, my father applied for AOS, I'm a petitioner. We filed on October 22, the package was delivered on October 25 (we know by tracking number). His stay expires on November 5. If by that time he still hasn't received I-797 (Notice), will he be out of status? If yes, can it cause problems for the AOS application overall?

 

Thank you!

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  1. Once filed, he has authorized stay while the I-485 is pending. "Filing" occurs before you get the NOA1. Assuming the packet is accepted, he should be fine.
  2. An overstay for an IR of a USC is ignored for AOS purposes.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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13 hours ago, geowrian said:
  1. Once filed, he has authorized stay while the I-485 is pending. "Filing" occurs before you get the NOA1. Assuming the packet is accepted, he should be fine.
  2. An overstay for an IR of a USC is ignored for AOS purposes.

Thank you for clarification!

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