Check bounced for I-485

[ohyeapaige 0]

Hello All,

 

I have really screwed up and I am trying to understand what will happen from here. My husband has come to the US on a K1, we got married and sent off our AOS. Long story short, when they received our AOS, the filing fee check had bounced a few times. I'm sure they are currently in the process of sending our packet back to us, and we will refile once it is returned and assure that the next check we send will not bounce.

 

Here is our issue: The point to which our AOS packet is returned to us and sent back may overlap with the 90 days the I-94 allows him to be here lawfully. I believe he becomes "Out Of Status" or something to that effect. My question is what happens in that overlap between when the 90 days expire and the AOS is received again? Worst case scenario is that overlap is 1-2 weeks based on processing times. He is lawfully abiding by the rest of the terms of the I-94/K1 visa. Will that overlap time count against him? Is there anything else we will need to include in the packet we return since the time has overlapped? I have scoured many other forum posts to this but specific advice would be helpful. 

 

Thanks

[geowrian 22,336]

Once his 90 days have expired, he will be out of status. Until you fix the filing issue and re-file for AOS, he will be deportable like any other person who overstayed a visa. It's extremely unlikely that they would take any action in this very short period of time, and even less likely that they would actually be able to deport him (they can't just pick him up and send him off...there's removal proceedings and such). People have gone years fine. I highly suggest getting it resolved ASAP, but it's extremely low chance that they would do anything at all within a couple week period.

 

Filing after the 90 days won't impact the process. As long as you married within the 90 days, you can pickup right where you left off at any time.

 

The "overlap" time when he's out of status he would accumulate unlawful presence. If he accumulates unlawful presence in excess of 180 days and he were to leave the US (without having a green card), then he would get a 3/10 year ban on any visa. The overstay will be ignored for the AOS itself, so don't worry about that either.

 

Edit: For clarification...once you re-file for AOS, he enters a period of "authorized stay" where he doesn't accumulate unlawful presence and cannot be deported simply for being in the US.

Edited July 27, 2017 by geowrian

[Gibus 202]

Does anyone knows how long it takes for USCIS to send the package back? I'm waiting anxiously for mine to return after the check bounced!

[Dillpickle 0]

Hello!

 

i am in a similar situation. My check bounced and I do expect my status to be updated to rejected due to insufficient funds. I was hesitant to attend the biometric appointment since I figured I was wasting time knowing that I would have to refile my AOS. I spoke to uscis and the advised me to still attend the biometric appointment but couldn't provide me with any other information on how long it will take me to receive the rejection letter and package.

 

my question is, if I have to refile my AOS will I be required to complete biometrics again? And when I refile will I receive a new NOA date and receive date? 

 

Any help from people who have been in similar situations is greatly appreciated.

 

thanks in advance 

 

[Gibus 202]

1 hour ago, Dillpickle said:

Hello!

 

i am in a similar situation. My check bounced and I do expect my status to be updated to rejected due to insufficient funds. I was hesitant to attend the biometric appointment since I figured I was wasting time knowing that I would have to refile my AOS. I spoke to uscis and the advised me to still attend the biometric appointment but couldn't provide me with any other information on how long it will take me to receive the rejection letter and package.

 

my question is, if I have to refile my AOS will I be required to complete biometrics again? And when I refile will I receive a new NOA date and receive date? 

 

Any help from people who have been in similar situations is greatly appreciated.

 

thanks in advance 

 

I have been very recently in that kind of situation, they told me my application was rejected 3 weeks after I did my biometrics because my check bounced. Then it took them about a week to send my package back, which was a mess, with only notice telling me to pay a 30$ penalty fee and to start a new application. So that's what I did on Monday and now I don't know exactly how they are gonna proceed but I'm pretty sure I'll have to redo the biometrics and the whole process since it's considered a new application.

 

So I guess you'll have to do the same but each case is unique and maybe they will proceed slightly differently for yours. Keep me posted and I can also keep you updated.

[Dillpickle 0]

THanks for the quick reply! I will definitely keep you posted.