Jump to content
Sign in to follow this  
fast_jet

Wife is about to be OUT OF STATUS (F-1 VISA)

6 posts in this topic

Recommended Posts

Hi folks,

As I mentioned in my last topic, I sent her AOS package to the 'Dearborn' office and was signed, but apparently is NOT on their system and clarified as 'lost'.

Now my wife is going to be Out Of Status as her last semester will be over in June 2011. And the officer told me to re-file Everything Again! Now is April 25th 2011.

My questions is: Will she be staying here Illegally while waiting for the GC? (and that will be after she has graduated from the University)

How can I prove to the immigration that we filed the AOS if being questioned about her immigration status at that time?

Thanks


3/24/2011 sent the forms

4/27/2011 got the texts and emails with the receipt numbers

4/30/2011 received 4 receipts in the mail. - Case Status: Initial Review

Share this post


Link to post
Share on other sites

If USCIS does not acknowledge receiving your new package before your wife's current status expires, then yes, she will be out of status for a few days - weeks. But, it is not the end of the world. It is not advisable to travel outside the US while the AOS is pending if the applicant was out of status, but other than that, it will not hurt your application. And, I don't know if the few days / weeks would really affect her ability to travel either.. but better to be safe than sorry. I believe less than 180 days of overstay should not inflict a ban.

It seems weird to me that USPS express wouldn't deliver normally to an actual address - it almost seems to be that USCIS just lost your package and that's it. But, unfortunately, that won't do you much good. If they say they don't have it, all you can really do is re-send it. You can keep calling them and trying to locate it, but it might just end up being a waste of time.

Your wife is here legally while the GC application is pending. And she has a 60 day grace period after graduation, so you'll probably be able to re-send the application without her accumulating any overstay at all.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Share this post


Link to post
Share on other sites

Little_My,

thanks for your prompt reply. I appreciate it very much. You are right. Be better to be safe than sorry. We won't travel outside of US until we have her GC.

I still don't know if I should wait for another week to see if they start processing my package or just go ahead and refile now...

Thanks!!

jet


3/24/2011 sent the forms

4/27/2011 got the texts and emails with the receipt numbers

4/30/2011 received 4 receipts in the mail. - Case Status: Initial Review

Share this post


Link to post
Share on other sites

I would wait a bit and see if it turns up. Lost packages are actually extremely rare for USCIS, and they get thousands a day in their mailrooms. There have been many reports of delayed initial processing lately - a month or more just to cash the checks. Lastly, don't rely on what the "misinformation line" says about wrong address etc. Good luck.

Edit: Sending USPS Express mail to the courier address should get it to your destination. While technically not correct, I am sure thousands of people make this error each year and it works out. It's really the most minor of mistakes - I bet it got there and is just delayed.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Thank you Harpa Timsah,

I'll talk to my wife tonight and see. But I guess I should wait for another week or two.

Thanks,

jet


3/24/2011 sent the forms

4/27/2011 got the texts and emails with the receipt numbers

4/30/2011 received 4 receipts in the mail. - Case Status: Initial Review

Share this post


Link to post
Share on other sites

hi guys,

i've just got the texts from USCIS right now that they have received my package and they are transferring it to the National Benefits Center to process. The I797 will come through the mail supposedly in 7-10 days.

So. I sent the package on 3/24/2011. Got the emails and texts on 4/27/2011. I hope this can calm someone down if they are worried about the lost package just like I was in the last 3 weeks.

Next step: wait and be patient.

Thank God

Jet


3/24/2011 sent the forms

4/27/2011 got the texts and emails with the receipt numbers

4/30/2011 received 4 receipts in the mail. - Case Status: Initial Review

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×