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

[fast_jet 0]

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

[Little_My 463]

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.

[fast_jet 0]

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

[Harpa Timsah 13,258]

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 April 26, 2011 by Harpa Timsah

[fast_jet 0]

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

[fast_jet 0]

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