Overstayed by 3 weeks due to my AOS package getting lost. Mailing a new one, do I need an I-130 now?

[zachanora 0]

I ended up overstaying by 3 weeks due to my AOS package getting lost. Mailing a new one, do I need an I-130 now? Thank you

[Ontarkie 14,193]

~~Moved to AOS from K1 P&P, from K1 P&P- The OP is past the K1 Visas stage and is applying for AOS.~~

[Crazy Cat 41,610]

15 minutes ago, zachanora said:

I ended up overstaying by 3 weeks due to my AOS package getting lost. Mailing a new one, do I need an I-130 now? Thank you

If you married within 90 days after entering via a K-1, you do not need an I-130.

[Scandi 4,143]

Doesn't matter when you file your AOS (whether it's within the 90 days or 3 years after the 90 days), what matters is the date you got married.
If you got married within the 90 days, you're fine, no i-130 needed. 

Also be aware that it can take a month for USCIS to accept your AOS, so if it's "only" been 3 weeks I'd give it some more time. 

[Scandi 4,143]

15 minutes ago, Scandi said:

Doesn't matter when you file your AOS (whether it's within the 90 days or 3 years after the 90 days), what matters is the date you got married.
If you got married within the 90 days, you're fine, no i-130 needed. 

Also be aware that it can take a month for USCIS to accept your AOS, so if it's "only" been 3 weeks I'd give it some more time. 

I just realized it takes 2 months for many to get their NOA1 nowadays, so nevermind the "take a month" part. It's apparently 2 months. 

[supernatural006 10]

I'm in the same boat.  I married my wife immediately and sent in her AOS right away, by fedex.  It is now going on 3 months and we haven't received an NOA1 yet.  I wrote my state representative also 2 weeks ago and haven't hear back from them either.