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Filed: IR-5 Country: United Kingdom
Timeline
Posted (edited)

Hi Guys,

I have what may actuallly be a stupid question but you all seem to be the only help I can get - USCIS isn't so helpful (call back if you haven't heard anything after 4 weeks!!).

We sent off all the docs and stuff at the beginning of August by UPS which they received on the 8th. We have still not received anything back from them. The problem is that my I-94 departure record says that I can only stay in the States til the 30th...8 days from now.

My question is...does my application give me automatic extension or does the letter from USCIS do that? Also, if I do need the letter from them, what do I do? I haven't received it as yet and even if I were to call and talk with someone today, there is no way a letter would be sent from Chicago in time to arrive on the 30th.

I am sure this is not the first time that this has happened to someone on VJ, I wouls just like to know whether panic stations should be assumed or if I am knee jerking.

Thanks in advance to anyone who can help...

Edited by kate2326
Filed: Timeline
Posted
Hi Guys,

I have what may actuallly be a stupid question but you all seem to be the only help I can get - USCIS isn't so helpful (call back if you haven't heard anything after 4 weeks!!).

We sent off all the docs and stuff at the beginning of August by UPS which they received on the 8th. We have still not received anything back from them. The problem is that my I-94 departure record says that I can only stay in the States til the 30th...8 days from now.

My question is...does my application give me automatic extension or does the letter from USCIS do that? Also, if I do need the letter from them, what do I do? I haven't received it as yet and even if I were to call and talk with someone today, there is no way a letter would be sent from Chicago in time to arrive on the 30th.

I am sure this is not the first time that this has happened to someone on VJ, I wouls just like to know whether panic stations should be assumed or if I am knee jerking.

Thanks in advance to anyone who can help...

Hi Kate

I'm not exactly sure of the answer to your question, but i wondered along the same lines:

http://www.visajourney.com/forums/index.ph...p;#entry1103264

Have they cashed the cheque?

"One person with a belief is equal to a force of 99 who have only interests."

John Stuart Mill

Filed: IR-5 Country: United Kingdom
Timeline
Posted
Hi Guys,

I have what may actuallly be a stupid question but you all seem to be the only help I can get - USCIS isn't so helpful (call back if you haven't heard anything after 4 weeks!!).

We sent off all the docs and stuff at the beginning of August by UPS which they received on the 8th. We have still not received anything back from them. The problem is that my I-94 departure record says that I can only stay in the States til the 30th...8 days from now.

My question is...does my application give me automatic extension or does the letter from USCIS do that? Also, if I do need the letter from them, what do I do? I haven't received it as yet and even if I were to call and talk with someone today, there is no way a letter would be sent from Chicago in time to arrive on the 30th.

I am sure this is not the first time that this has happened to someone on VJ, I wouls just like to know whether panic stations should be assumed or if I am knee jerking.

Thanks in advance to anyone who can help...

Hi Kate

I'm not exactly sure of the answer to your question, but i wondered along the same lines:

http://www.visajourney.com/forums/index.ph...p;#entry1103264

Have they cashed the cheque?

We got the cheque from the bank - it was a bank cheque rather than a personal one so I have no clue as the bank took the funds from us on the day that we requested it from them.

What a hooha!!

Posted

If you received a receipt from the courier delivering the package, such as a certification card from the USPS, that will be enough. Someone else suggested that the USCIS is overwhelmed with all the filings due to the rate increase July 30th so it make take a little time to receive your receipt NOA.

Good luck :thumbs:

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Posted
Hi Guys,

I have what may actuallly be a stupid question but you all seem to be the only help I can get - USCIS isn't so helpful (call back if you haven't heard anything after 4 weeks!!).

We sent off all the docs and stuff at the beginning of August by UPS which they received on the 8th. We have still not received anything back from them. The problem is that my I-94 departure record says that I can only stay in the States til the 30th...8 days from now.

My question is...does my application give me automatic extension or does the letter from USCIS do that? Also, if I do need the letter from them, what do I do? I haven't received it as yet and even if I were to call and talk with someone today, there is no way a letter would be sent from Chicago in time to arrive on the 30th.

I am sure this is not the first time that this has happened to someone on VJ, I wouls just like to know whether panic stations should be assumed or if I am knee jerking.

Thanks in advance to anyone who can help...

kate2326,

It's not a stupid question - it's not really explained it too many places, but here's the deal.

Your K-1 visa was good for 6 months time before entering the US, then your I-94 stamp started a new clock of 90 days - 90 Days to get married to be exact, which you did (according to your time line). Having gotten married - and presumably now in possession of your marriage certificate - you have fulfilled the requirements of the K1. So now you're here, and technically out of status, but here legally. Filing adjustment of status (AOS) doesn't extend the I-94, but it does put you back in a 'pending' status, which I guess is one step better than out of status :wacko:

So, you're fine as far as status goes - and I wouldn't worry much - if you're at all concerned, keep a copy of your marriage certificate in your purse/wallet.

:thumbs:

Posted

You have nothing to worry about, just wait for the process to take its course. You have fulfilled the terms of the K-1 by getting married within 90 days and then filing for AOS.

You should not leave the USA before you either have your green card (or I-551 stamp in your passport), or you have an advanced parole document. If you do leave the USA before you have either of these documents, you will have a lot of difficulties in getting back in. I think you would have to file for a K-3 visa in that case.

Relax, enjoy the USA, you'll be fine.

G

I-129F Filing

G (USA)

L (Scotland)

2005-02-05 Sent to TSC

2005-03-02 NOA2 rcvd

2005-04-27 Medical - 3:40 pm in Edinburgh

2005-05-19 Interview - approved!!

2005-06-12 G & L fly to Florida

2005-08-20 Wedding day!!

2005-09-15 Sent AOS docs

2005-09-23 NOA1 rcvd for 485, 765, and 131

2005-11-28 AP rcvd

2006-01-03 EAD rcvd

2006-03-08 AOS interview - Success - pending FBI name check!!

2006-04-05 Rcvd the 'Welcome To America' email. Name check is done!!

2006-04-17 Green Card Received!!

2008-02-05 Sent I-751 to remove conditions

2008-02-11 I-751 received in Texas

2008-02-25 Check finally cashed!!

2008-03-19 Biometrics completed in West Palm Beach

2008-12-23 Rcvd notification of GC production

2008-12-30 Rcvd notification of confirmation letter going in the mail.

"Just as our DNA is unique, so too is our visa processing experience."

G 3/31/05

Posted
Hi Guys,

I have what may actuallly be a stupid question but you all seem to be the only help I can get - USCIS isn't so helpful (call back if you haven't heard anything after 4 weeks!!).

We sent off all the docs and stuff at the beginning of August by UPS which they received on the 8th. We have still not received anything back from them. The problem is that my I-94 departure record says that I can only stay in the States til the 30th...8 days from now.

My question is...does my application give me automatic extension or does the letter from USCIS do that? Also, if I do need the letter from them, what do I do? I haven't received it as yet and even if I were to call and talk with someone today, there is no way a letter would be sent from Chicago in time to arrive on the 30th.

I am sure this is not the first time that this has happened to someone on VJ, I wouls just like to know whether panic stations should be assumed or if I am knee jerking.

Thanks in advance to anyone who can help...

Hi, Kate,

Don't worry, you filed your application and that's fine. We did sent my AOS 2 days before my I-94 expired and I did receive my Green Card last month. Didn't have any issues with that. Keep an good eye on your case online though.

Don't want to scare you, but they made a mistake in my case by sending double letters (incl. my RFE) to someone else and if you have question, ask here or make an Infopass appoinment at your local office.

Good luck with the AOS procedure. For a fast adjudication!!! :thumbs:

o5cni131ii.png

Lifting Conditions

CIS Office : California Service Center

Date Filed : 2009-05-04

NOA Date : 2009-05-21

Online USCIS website: 06-03-2009 ( so am I a May or June filer now.)

Bio. Appt. : 2009-07-24 (walk-in on 07/14/09 and accepted)

*Touch*: 07-15-2009

Card ordered: 2009-08-26

Letter received approved: dated 08-22-2009 :o

*touch* : 2009-08-31

Green card recvd: 2009-09-01

April 2010: Eligible to file for US citizenship

My handmade Jewelry

Filed: AOS (apr) Country: Germany
Timeline
Posted

Like everyone else said, you are fine. Once you file your AOS application, you are okay. They will not come knocking on any doors looking for you. There are also people who did not file for AOS until a year later after arriving here on a K-1 visa.

thanks everyone who answered...I feel a million times better knowing that someone isn't going to come knockling on my door in a matter of days to frog march me out of the country.

036.jpg

Timeline:

*Met in Tanzfleck, Germany October 24, 2003 - Continued dating until he got out of the ARMY in Nov. 2005. Continued LD relationship.

*Came to visit me in Germany for New Years 2006

*Filed for K1 Visa on 4/4/06

*NOA1 - 7/6/06

*I-129F NOA2 Approved - 9/14/06

*Came to see me Thanksgiving week in Nov. 2006

*K1 Interview - 2/2/07

*K1 Visa received - 2/11/07

*Date of US Entry (POE Chicago)- 3/5/07

*Wedding/Marriage - 3/17/07

AOS (My case was expedited due to husband going to Iraq):

*Filed for AOS - 4/20/07

*Found out in the beginning of June that husband is going to Iraq

*NOA for I-485 - 6/11/07

*Made Infopass appointment to get case expedited due to deployment (Infopass appt 6/12/07)

*Biometrics - 7/7/07

*Interview date - 7/11/07

*I-485 Aprroval date- 7/11/07

*Green Card Received- 7/19/07

Removal of Conditions:

*Filed petition to remove conditions on 6/9/09

*NOA- 6/15/09

*Biometrics Appt. in Birmingham - 8/6/09

*Lifting of Conditions Approval Date - 10/22/09

*Waiting for Green Card!

Had our daughter on 4/4/08 and have another baby due 11/19/09!!!

Posted
thanks everyone who answered...I feel a million times better knowing that someone isn't going to come knockling on my door in a matter of days to frog march me out of the country.

Ain't gonna happen. We're in exactly the same boat. C.'s I-94 expired yesterday, and we submitted ours on August 1 and are still waiting for confirmation. You've filed for AOS, you fulfilled the terms of the K-1, you're here LEGALLY... you just don't have an official status beyond a pending AOS petition.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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