USCIS acceptance timing

[Afsjesse 1]

Hi everyone. 

 

I hope everyone is doing fine with their respected cases. 

 

We've just finished up our AoS application and are sending it in soon. I'm just a tad bit worried about my wife's 90 day period running out. Her K-1 expires on Jan. 26. In the event that our application gets an RFE and our time starts to run short, is their anything that can be done to extend her stay in the US? Also, on average how long does it take for USCIS to send an acceptance notice so we don't have to worry about her time? 

 

Thanks for everything. This site has been greatly appreciated with the information it's provided!

 

Regards,

 

Jesse 

[RJandHamid 1,133]

Almost everyone's 90 days expire before the AOS process is completed, that is very normal. Technically your wife will be 'out of status' but since you have proof that you filed for AOS, she can legally stay in the US with no issues. The I-485 (AOS) process can take anywhere from 4-12 months, depending on the processing speed of your local office. Some are faster than others and some are very backlogged. 

 

Did she also file for her EAD (I-765)/AP (I-131)? EAD/AP processing is currently taking anywhere from 75-140 days. She can't leave the US (and be able to re-enter) until the advanced parole is approved, and she won't be able to work without the EAD. 

[Clara B. 119]

Once you apply for AOS her status will be protected until she receives her GC. Her I94 will still expired but since you are waiting on a decision by USCIS that time is not considered as an overstay. 

[mighty836 87]

we sent our AOS last week and it got there on 12/1, my wifes 90 days was up on 12/3. I believe there will be a NOA1 once its received into there system.

There is a December AOS thread in the Adjustment of Status section you should join.

 

 

[Afsjesse 1]

Thank you for the prompt response.

 

I'm aware that the whole process takes longer than the 90 days, my concern is that she won't get the 'Pending' status that legally extends her stay beyond the 90 days before then. 

 

Maybe i'm not understanding something, but I'm of the opinion that if USCIS hasn't officially accepted our AoS application as complete then my wife would have to leave. Is this wrong? 

 

Thank you again. 

[RJandHamid 1,133]

You already married within the 90 day timeline, which is the purpose of the K1 visa. Once the 90 days is over, she is 'overstaying' but this overstay is forgiven for the spouse of a USC. Your wife does NOT need to leave the US, and should not leave unless she has the advanced parole document or her green card. 

 

A few weeks after submitting the AOS petition,  you'll receive the NOA1 letter with your AOS receipt number. This letter basically says that your AOS petition is being reviewed and is pending approval. She can show this letter to anyone who asks about her legal status in the US and generally there shouldn't be any issues. 

 

There are couples who marry within the 90 days and then don't file AOS until months or sometimes even a year later and are able to adjust just fine. Obviously the sooner you file AOS, the better, but you don't need to worry about your wife needing to leave because of the overstay.