By what date should we file AOS forms?

[nycmum 0]

We are starting the process for filing my wife's Adjustment of Status forms.

My initial questions are:

1. Do we technically need to file before the expiration of my wife's B1 Visa (12/26/09) or before the expiration of her I-94 (2-12-10)?

2. When are the forms considered to be in receipt so as to make her stay legal? Is it when the docs are delivered to the lock-box per UPS confirmation or when they send us acknowldedgements?

Thanks in advance for your help.

[nycmum 0]

Can someone please help us with an answer?

Perhaps I should add a few more details about me (USC) and my wife (Indian citizen):

8/13/09 - She comes to U.S. on a B1 visitor visa to travel and for a family wedding.

8/15/09 - We randomly meet at her cousin's wedding and start dating a few days later.

8/21/09 - Things are going great between us, so she changes her scheduled return on this day and extends her stay in the U.S.

11/29/209 - We get married in a civil ceremony in NY! (106 days after her arrival in the U.S.)

We have been in the process of gathering the necessary paperwork for her AOS, but I want to make sure I correctly understand the timings for filing. We would like to file everything concurrently (485, 130, 131, 325As, 765 & 864) in order to cut down on the fees.

Our primary question is what is the cutoff date for filing the forms?

Her B1 visa expires on 12/26/09, but her 1-94 doesn't expire until 2/13/10.

I've done a bunch of searches on the internet, and the information I gather is that we have to file the documents before her I-94 expires in February in order to avoid her being an overstay.

Is this true?

We want to make sure we don't have to file before her Visa expires on 12/26/09 because it would be great to have the extra 1.5 months to get the package in tip-top shape before sending it out.

Any advice is greatly appreciated

We are starting the process for filing my wife's Adjustment of Status forms.

My initial questions are:

1. Do we technically need to file before the expiration of my wife's B1 Visa (12/26/09) or before the expiration of her I-94 (2-12-10)?

2. When are the forms considered to be in receipt so as to make her stay legal? Is it when the docs are delivered to the lock-box per UPS confirmation or when they send us acknowldedgements?

Thanks in advance for your help.

[Inky 1,111]

Before the I-94 expires - she entered as a visitor, if she is denied she has no right to appeal and can be put in deportation procedures. Get that AOS package out FAST, you do not want to wait to send it all in.

[nycmum 0]

Before the I-94 expires - she entered as a visitor, if she is denied she has no right to appeal and can be put in deportation procedures. Get that AOS package out FAST, you do not want to wait to send it all in.

Thanks a bunch for your response. The main thing we are waiting on is to get my wife's 693 in order, so we have to make an appointment with a civil surgeon and get the exam sorted out. On that note:

1. To confirm, since we are filing the 130 and 485 concurrently and sending via UPS/Fedex, am I correct in that the package should be sent to:

USCIS

Attn: AOS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5520

2. Also, I read in a few posts that some people got their 693 in time to bring to the interview and didn't send it in with their 130/485 package because those were concurrently filed with the Chicago office. Is it acceptable for us to wait on the 693 and just send in the rest of the AOS package as soon as it's finalized or should we wait until the 693 is completed and send everything together (assuming we can get the 693 finalized before my wife's I-94 expires).

Thanks again.

[Inky 1,111]

Before the I-94 expires - she entered as a visitor, if she is denied she has no right to appeal and can be put in deportation procedures. Get that AOS package out FAST, you do not want to wait to send it all in.

Thanks a bunch for your response. The main thing we are waiting on is to get my wife's 693 in order, so we have to make an appointment with a civil surgeon and get the exam sorted out. On that note:

1. To confirm, since we are filing the 130 and 485 concurrently and sending via UPS/Fedex, am I correct in that the package should be sent to:

USCIS

Attn: AOS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5520

2. Also, I read in a few posts that some people got their 693 in time to bring to the interview and didn't send it in with their 130/485 package because those were concurrently filed with the Chicago office. Is it acceptable for us to wait on the 693 and just send in the rest of the AOS package as soon as it's finalized or should we wait until the 693 is completed and send everything together (assuming we can get the 693 finalized before my wife's I-94 expires).

Thanks again.

For the address yes i believe this is the correct address.

For the 693 I sent my AOS without it at first because the CS was on vacation and i didnt want to wait. BUT I had already had a medical for my k1 visa and sent thos papers with it. For you since you are filing from a visitor visa and this will be her full medical I think it would be best for you to wait and send the medical papers with it as they will need the medical to continue your papers. If you dont wait they will send you an RFE which would slow down processing by a week or more.

[nycmum 0]

Before the I-94 expires - she entered as a visitor, if she is denied she has no right to appeal and can be put in deportation procedures. Get that AOS package out FAST, you do not want to wait to send it all in.

Thanks a bunch for your response. The main thing we are waiting on is to get my wife's 693 in order, so we have to make an appointment with a civil surgeon and get the exam sorted out. On that note:

1. To confirm, since we are filing the 130 and 485 concurrently and sending via UPS/Fedex, am I correct in that the package should be sent to:

USCIS

Attn: AOS

131 South Dearborn - 3rd Floor

Chicago, IL 60603-5520

2. Also, I read in a few posts that some people got their 693 in time to bring to the interview and didn't send it in with their 130/485 package because those were concurrently filed with the Chicago office. Is it acceptable for us to wait on the 693 and just send in the rest of the AOS package as soon as it's finalized or should we wait until the 693 is completed and send everything together (assuming we can get the 693 finalized before my wife's I-94 expires).

Thanks again.

For the address yes i believe this is the correct address.

For the 693 I sent my AOS without it at first because the CS was on vacation and i didnt want to wait. BUT I had already had a medical for my k1 visa and sent thos papers with it. For you since you are filing from a visitor visa and this will be her full medical I think it would be best for you to wait and send the medical papers with it as they will need the medical to continue your papers. If you dont wait they will send you an RFE which would slow down processing by a week or more.

Thank you very much for your help!

I think you'er right that it makes sense to complete the 693 before we send in the AOS package since we have to eventually do it anyways and it's not worth risking a processing delay. I think we can get an appointment in early January, and then hopefully send out the full package by mid-January, so we're a month ahead of the i-94 expiration date. Here's hoping things go smoothly.

Thanks again.