Sent envelope to USCIS without i944

[Bieloanya 6]

Hi guys!

A little bit of a drama here as my husband and I filled the application for AOS and sent it yesterday to USCIS in Chicago and we are a little worried because we didn't attach the new i944 form.

 

A bit of context:

He is an American citizen, I am Italian (he actually has Italian citizenship too) and we have been in a long distance relationship for about a year.

 

I came to USA in March this year under the visa waiver program and we were planning to move together to Denmark in May.

But that was not possible anymore because of the pandemic (canceled flights, no entry to the country, no job market and so on)

Other than that, we were planning on getting married this summer, in Italy

But given the situation we decided to do it in May in California and file for the AOS.

 

So the marriage was celebrated about 75 days after I entered the country. We sent the envelope to USCIS yesterday, June the 9th, which was the last of my 90 day stay here.

 

I have a couple of doubts and I hope that you guys can help me with that!

First, we found out about the i944 form yesterday and as we didn't have time to file it during the day (as it calls for documents that we didn't have ready) we decided to send the application without it, planning to send the form during the next week or soon. Would that be OK? Or that might cause the rejection of the application?

I red that USCIS would simply ask for it, along with the medical one (693 something), but there is no certainty.

 

Also, we red that as we got married before the end of the 90 days, there might be the presumption that we were already planning on staying. Is that true?? We could have waited a couple weeks more for the wedding, but I would have overstayed without a "valid reason" and isn't that against the law?

We have our flight ticket cancelation and my application to an university in Denmark as a proof that this was not planned, would that be sufficient proof?

 

So I guess, my real question is: what to do now? Send another envelope with the additional forms? Or block the checks and resend the whole application including the new forms? Or Just wait for USCIS to ask for them?

 

I am so anxious!!! We were trying to do everything following the rules, but it feels like a maze.

 

Thank you!

 

 

 

 

 

 

 

[Just Paul 4,595]

If you sent it via priority mail, fedex or ups contact the shipper and have it returned.   Otherwise you can wait for it to be returned from the lockbox.

Edited June 10, 2020 by Paul & Mary

[mlong1397 3]

2 minutes ago, Bieloanya said:

Hi guys!

A little bit of a drama here as my husband and I filled the application for AOS and sent it yesterday to USCIS in Chicago and we are a little worried because we didn't attach the new i944 form.

 

A bit of context:

He is an American citizen, I am Italian (he actually has Italian citizenship too) and we have been in a long distance relationship for about a year.

 

I came to USA in March this year under the visa waiver program and we were planning to move together to Denmark in May.

But that was not possible anymore because of the pandemic (canceled flights, no entry to the country, no job market and so on)

Other than that, we were planning on getting married this summer, in Italy

But given the situation we decided to do it in May in California and file for the AOS.

 

So the marriage was celebrated about 75 days after I entered the country. We sent the envelope to USCIS yesterday, June the 9th, which was the last of my 90 day stay here.

 

I have a couple of doubts and I hope that you guys can help me with that!

First, we found out about the i944 form yesterday and as we didn't have time to file it during the day (as it calls for documents that we didn't have ready) we decided to send the application without it, planning to send the form during the next week or soon. Would that be OK? Or that might cause the rejection of the application?

I red that USCIS would simply ask for it, along with the medical one (693 something), but there is no certainty.

 

Also, we red that as we got married before the end of the 90 days, there might be the presumption that we were already planning on staying. Is that true?? We could have waited a couple weeks more for the wedding, but I would have overstayed without a "valid reason" and isn't that against the law?

We have our flight ticket cancelation and my application to an university in Denmark as a proof that this was not planned, would that be sufficient proof?

 

So I guess, my real question is: what to do now? Send another envelope with the additional forms? Or block the checks and resend the whole application including the new forms? Or Just wait for USCIS to ask for them?

 

I am so anxious!!! We were trying to do everything following the rules, but it feels like a maze.

 

Thank you!

 

 

 

 

 

 

 

Similar position: my husband came on an ESTA/VWP in March and was planning on returning home today, but due to covid we decided to adjust status instead. Our first attempt was rejected because we didn't file the i944, same as you will be. We received it back after about 2 weeks and resent and it arrived on 6/2. Still waiting to hear. I would wait for them to send it back to you and just get everything they want for the i944 while you wait. You won't be charged. 

 

On another note, visa overstay is forgiven when married to a USC right?? I'm fairly certain it is im just anxious especially because I live in a border town so border patrol is everywhere. 

[Bieloanya 6]

21 minutes ago, mlong1397 said:

Similar position: my husband came on an ESTA/VWP in March and was planning on returning home today, but due to covid we decided to adjust status instead. Our first attempt was rejected because we didn't file the i944, same as you will be. We received it back after about 2 weeks and resent and it arrived on 6/2. Still waiting to hear. I would wait for them to send it back to you and just get everything they want for the i944 while you wait. You won't be charged. 

 

On another note, visa overstay is forgiven when married to a USC right?? I'm fairly certain it is im just anxious especially because I live in a border town so border patrol is everywhere. 

Thank you for your answer, it's really helpful!!! Fingers crossed then.

As for the overstay, we talked to a couple of lawyers (weeks ago) and all of them said not to worry about the overstay as we are married.

But like you, I find it very hard to manage the anxiety when it comes to this matter

[mlong1397 3]

8 minutes ago, Bieloanya said:

Thank you for your answer, it's really helpful!!! Fingers crossed then.

As for the overstay, we talked to a couple of lawyers (weeks ago) and all of them said not to worry about the overstay as we are married.

But like you, I find it very hard to manage the anxiety when it comes to this matter

Okay, thanks!

And reading your question again, I'll add: they're not gonna ask for the i944, they will just reject. We didnt do medical yet either and from what I've read they will either ask for it, meaning you probably won't have an interview, or you bring it to the interview.

Also I was worried about the 90 day thing too, but asked on here and everyone said that's not a thing..so I dunno. Maybe if you go to my profile you'll be able to find those responses. 

[Quarknase 1,072]

21 minutes ago, mlong1397 said:

Okay, thanks!

And reading your question again, I'll add: they're not gonna ask for the i944, they will just reject. We didnt do medical yet either and from what I've read they will either ask for it, meaning you probably won't have an interview, or you bring it to the interview.

Also I was worried about the 90 day thing too, but asked on here and everyone said that's not a thing..so I dunno. Maybe if you go to my profile you'll be able to find those responses. 

Intent is determined at Point of Entry so that shouldn’t be a reason to worry. Having proof of cancelled flights and school application as back-up at the interview won’t hurt, but probably not required.

 

As others have stated the package will be returned to you, you won’t be charged. If you can ask carrier to return instead deliver, that will save you a couple of weeks.

No point in sending the I-944 separately now, since you don’t have a NOA or case number so they won’t process it.

[Bayanoparker02 6]

10 hours ago, Bieloanya said:

Hi guys!

A little bit of a drama here as my husband and I filled the application for AOS and sent it yesterday to USCIS in Chicago and we are a little worried because we didn't attach the new i944 form.

 

A bit of context:

He is an American citizen, I am Italian (he actually has Italian citizenship too) and we have been in a long distance relationship for about a year.

 

I came to USA in March this year under the visa waiver program and we were planning to move together to Denmark in May.

But that was not possible anymore because of the pandemic (canceled flights, no entry to the country, no job market and so on)

Other than that, we were planning on getting married this summer, in Italy

But given the situation we decided to do it in May in California and file for the AOS.

 

So the marriage was celebrated about 75 days after I entered the country. We sent the envelope to USCIS yesterday, June the 9th, which was the last of my 90 day stay here.

 

I have a couple of doubts and I hope that you guys can help me with that!

First, we found out about the i944 form yesterday and as we didn't have time to file it during the day (as it calls for documents that we didn't have ready) we decided to send the application without it, planning to send the form during the next week or soon. Would that be OK? Or that might cause the rejection of the application?

I red that USCIS would simply ask for it, along with the medical one (693 something), but there is no certainty.

 

Also, we red that as we got married before the end of the 90 days, there might be the presumption that we were already planning on staying. Is that true?? We could have waited a couple weeks more for the wedding, but I would have overstayed without a "valid reason" and isn't that against the law?

We have our flight ticket cancelation and my application to an university in Denmark as a proof that this was not planned, would that be sufficient proof?

 

So I guess, my real question is: what to do now? Send another envelope with the additional forms? Or block the checks and resend the whole application including the new forms? Or Just wait for USCIS to ask for them?

 

I am so anxious!!! We were trying to do everything following the rules, but it feels like a maze.

 

Thank you!

 

 

 

 

 

 

 

Just wait until a response from uscis but yeah you have to include the new form as they will reject your package. The rejection notice will tell you what's wrong with your filing.

Good luck