I-485 filing date before legal stay expires.

[animab 0]

Hi,

Please help me with my question about how I-485 filing date is decided.

Before my question, below is a brief summary of my situation.

My question will come after this.

I came to the US under Visa Waiver Program

which allows me to stay 90 days without VISA,

and got married with my husband who is a US citizen.

After our marriage, I sent I-485 along with I-130 to Chicago Lockbox. (Attn: FBAS)

USPS delivered those applications on May 21.( I've got their delivery confirmation singed by USCIS.)

But for some reason, the checks I sent for the fee of filing process have not been cleared yet.

USCIS has not cashed them out until today (May 31). I have not gotten any notice of action as well.

Okay, here is my problem related to my question.

The problem is I am allowed to stay in the US until May 30.

To my understanding, I cannot file I-485 if my legal stay has expired.

But USCIS got my application on May 21.

I am just wondering if my filing date is May 21 or the date USCIS cash out my check.

When is filing date? Please let me know if I am okay or not.

I will greatly appreciate your help!

Regards,

Animab

Edited May 31, 2012 by animab

[Inky 1,111]

Not a spousal visa question and nothing to do with spousal visas. Moving to the Adjustment of status forums from work, student, tourist.

[animab 0]

Not a spousal visa question and nothing to do with spousal visas. Moving to the Adjustment of status forums from work, student, tourist.

I am sorry that I misplaced my topic.

I think I was too rush to post my question in right place because I was too nervous.

I hope you understand this.

Thank you,

Animab

[Xanax 349]

You can file after your i-94 expires, overstay is forgiven for spouses of USC.

But either way, you got a confirmation that it was received on the 21st.

Edited May 31, 2012 by BrittandDan

[Dave&Roza 748]

You can file after your i-94 expires, overstay is forgiven for spouses of USC.

But either way, you got a confirmation that it was received on the 21st.

The checks were cashed on teh 30th so my bet is the NOA1 will be dated sometime around that date so you made it before your I-94 expired, but as stated above even if it is expired the only problem you would have would be if you wander near the southern border and find yourself in the sights of a CBP SUV that decides to pull you over and check your immigration status (papers please!)

From what you say you made it before the I-94 expired, so relax.

Dave

[animab 0]

Thank you all. I feel better now.

Animab

Edited May 31, 2012 by animab

[grrrrreat 109]

The checks were cashed on teh 30th so my bet is the NOA1 will be dated sometime around that date so you made it before your I-94 expired, but as stated above even if it is expired the only problem you would have would be if you wander near the southern border and find yourself in the sights of a CBP SUV that decides to pull you over and check your immigration status (papers please!)

From what you say you made it before the I-94 expired, so relax.

Dave

I am not sure this is exactly correct... the NOA1s are usually dated before the check shows up as cashed by the petitioner's bank. After all, the check does take a few days to get from USCIS to the sender's bank.

In any case, the NOA1 is dated as of the date it's received by USCIS, not the date that the form is opened or keyed into a system, or on the date the check is cashed.

There's no problem of overstay here anyway for U.S. citizen spouses. If OP is worried about being picked up by ICE, keep a copy of the NOA1, but it's extremely unlikely in most parts of the country.

[jdh 103]

Pretty sure that ICE isn't scouting out Asians down by the Mexican border.

[grrrrreat 109]

Pretty sure that ICE isn't scouting out Asians down by the Mexican border.

You never know since that law passed down in Arizona.