Submitted I-485 without I-944

[Bearsmith 1]

Hey everyone. My wife submitted her I-485 two weeks ago. We missed that for I-944 is required now, and so we didn't include it in our packet. I'm guessing that means our application will be rejected. Her visa expires April 14th, so I want to be ready to resubmit as soon as we get the rejection. I'm assuming we'll have to remake the entire packet and pay the fee again?

 

Also, how long does it usually take? The packet was delivered 5 days ago but I still haven't gotten any notification (G-1145) that it was opened. I'm assuming we can't just resubmit before we get rejected, so I'm worried about how long it'll take for the rejection to come.

Edited March 27, 2020 by Bearsmith

[Crazy Cat 42,619]

I suspect you will receive either an RFE or a denial......Her visa (if a K-1) expired the minute she entered the US.  Regardless of her I-94 expiration date (90 days after entering the US), she is granted authorized stay once a proper I-485 has been filed.   The authorized stay will be valid until the I-485 has been adjudicated.  If she receives a denial, just refile asap....and she will again be granted authorized stay.....

Bottom line:  Just be ready to refile asap if she receives a rejection or a denial......if she receives an RFE, her authorized stay continues until the I-485 has been adjudicated......good luck.

Edited March 27, 2020 by Lucky Cat