i94 Expired Today

[P&G2019 67]

I'm hoping someone can help ease my mind or if I should be nervous. We finished my husband's AOS packet today and today his i-94 expired (arrived Feb 12, 2020). I was waiting for my job to add him to my health insurance (which he is now) and my HR was furloughed so it took longer than expected and form i944 took forever which I'm still not 100% sure if we included everything they're requiring.  I assembled to the best of my ability with tax returns, letter as to why we couldn't prove credit score, health insurance card, and lease agreement. Any other last minute suggestions for the i944 inclusion? 

 

 We are dropping off the AOS packet tomorrow morning but I'm afraid it's one day late as his i94 expired today. Should I worry? I thought 90 days was tomorrow but I realized they counted day 1 as February 12th. 

 

Any last minute suggestions are greatly appreciated prior to tomorrow morning. 

 

Thank you!

[FamousJerry 47]

You are a ok, yes you need to marry and file by 90 days but. We didnt and it was all good, we waited a few months after the 90 days to file ( getting stuff together and such) and we just got our AP and EA in late April. You will be just fine.

[Dashinka 24,619]

I would not fret to much about the timing as there is no deadline to actually file the AOS.  Submit it tomorrow, and soon you should get the NAO showing it was accepted.

 

Good Luck!

Edited May 11, 2020 by Dashinka

[geowrian 22,337]

She will accrue a few days of unlawful presence (until it arrives, assuming it is eventually accepted). This is not a bar for AOS in your circumstances. Nothing to worry about there.

[19jimmybean 9]

So which day matters? The day of arrival of the whole AOS package at the Lockbox or the day I would receive the NOAs?

[Dashinka 24,619]

4 minutes ago, 19jimmybean said:

So which day matters? The day of arrival of the whole AOS package at the Lockbox or the day I would receive the NOAs?

Actually, it’s the date on the NOA which will most likely be somewhere in between the day it arrives at the lockbox and the date you receive the NOA.

[Lil bear 4,255]

9 minutes ago, 19jimmybean said:

So which day matters? The day of arrival of the whole AOS package at the Lockbox or the day I would receive the NOAs?

The date that mattered was the 90 days after POE.. you had to be married by then. The date on the NOA1 ... when you get it .. will be the start of the lawful stay, pending AOS processing. As soon as the NOA is issued, any gap between the two doesn’t matter 

Edited May 11, 2020 by Lil bear

[geowrian 22,337]

1 hour ago, 19jimmybean said:

So which day matters? The day of arrival of the whole AOS package at the Lockbox or the day I would receive the NOAs?

The date it arrives is when it is considered filed. Although they likely won't get to it for days or weeks now.

https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-6

Quote

C. Date of Receipt

USCIS considers a benefit request “received” on the date it is physically or electronically received. This date is also known as the filing date. Requestors may only obtain a date of receipt or filing date if their submission is accepted at the proper location, as designated on the USCIS website. USCIS does not assign a date of receipt or filing date to benefit requests that are rejected.^[21]

The date of receipt may impact eligibility for immigration benefits. For example, USCIS uses the date of receipt to determine whether an appeal, Application for Temporary Protected Status (From I-821), or Petition for a Nonimmigrant Worker (Form I-129) should be rejected for failure to timely file or because an annual numerical limit has been reached.

The date of receipt may also be significant for purposes of seeking lawful permanent residence; the filing date is referred to as the priority date for an approved immigrant visa petition in certain preference categories.^[22] For approved petitions in preference categories that are not current, the priority date dictates how soon the beneficiary may file for permanent residence. Similarly, the filing date establishes the statutory period for various benefits, including naturalization.