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B-2 expiration and AOS filing

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Filed: Country: Thailand
Timeline

Many thanks for your input. As required, we are filing the I-485 AOS before my spouse's I-94 expiration date. Any advice on how long prior to the I-94 expiration date should the forms be submitted? For example, I-94 expires 10 June and we overnight the package to arrive 09 June--is that acceptable? Or is it recommended to leave a week buffer? Is the main determinant the date received by the USCIS? Does it matter if the forms are subsequently returned after USCIS receipt, say, due to small error in filling out the form? Thx

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Filed: Other Timeline

Well,

I submitted mine more than 12 years after my I-94 expired, to no ill effect, so I don't think you need to get too crazy here meeting some imaginary deadline.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Ecuador
Timeline

Overnight it to arrive before the I-94's expiration; you never know what will happen (misdirection, refusal, other). You'll want your wife to keep a photocopy of your dated AOS cover-letter (and, ideally, of the check for AOS payment) on her person, along with a copy of your marriage certificate, at all times until her green card arrives. This will avoid potential problems with ICE agents or with police agencies who have connections with ICE programs -- the chance of an encounter may be remote, but it's best to be safe.

When the NOA1 (acknowledgment of receipt for the AOS package) arrives, your wife should keep that with her in place of the AOS cover-letter (along with the marriage certificate).

Keeping those two items will verify that your wife has complied with filing requirements before the expiration of her authorized stay and is undisputably an "applicant for Adjustment" or, more concisely, an "Adjustment applicant."

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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