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akmal1985

I-485 Was delivered but I-94 expired

By akmal1985 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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akmal1985 Newbie

akmal1985   0

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My wife came to the U.S. on November 2018 with K1 Visa. We got married in November and gathered all required documents for her green card and mailed the I-130 with I-485 package to the USCIS. The USPS tracking shows it was delivered on January 25th 2019 but we still haven't heard anything from USCIS. Her I-94 has expired on February 8th will this be a problem even though USCIS got the package on the 25th of January or should I call them and ask for the NOA? Thanks for your help. 

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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if you married within 90 days you didnt need to send the I-130. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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C90 Rising Star

C90   376

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11 minutes ago, akmal1985 said:

My wife came to the U.S. on November 2018 with K1 Visa. We got married in November and gathered all required documents for her green card and mailed the I-130 with I-485 package to the USCIS. The USPS tracking shows it was delivered on January 25th 2019 but we still haven't heard anything from USCIS. Her I-94 has expired on February 8th will this be a problem even though USCIS got the package on the 25th of January or should I call them and ask for the NOA? Thanks for your help. 

Why did you send the I-130? If she arrived here on K1 you should've submitted I-485 (GC), I-765 (EAD) and I-131 (AP). I-130 is a spousal visa application and N/A if she already came on K1. This might confuse USCIS a lot, but maybe they'll throw out your application (I-130) If I were you I would call USCIS to explain before things get weird.

 

It can take about 1-2 weeks to get the NOA. If you don't have a case number you can't request a NOA. You could try to call and see if hey received the I-485. Since you were married within the 90 days you're good. 

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akmal1985 Newbie

akmal1985   0

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15 minutes ago, NikLR said:

if you married within 90 days you didnt need to send the I-130. 

Huh, when I did the research a lot of articles said I still needed to file I-130 with I-485 together. I myself applied for green card (a while ago and I am a U.S. Citizen now) when I was in the U.S. I remember sending I-130 with I-485 together as well. So you are saying I didn't need to sent I-130? Thanks. 

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C90 Rising Star

C90   376

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4 minutes ago, akmal1985 said:

Huh, when I did the research a lot of articles said I still needed to file I-130 with I-485 together. I myself applied for green card (a while ago and I am a U.S. Citizen now) when I was in the U.S. I remember sending I-130 with I-485 together as well. So you are saying I didn't need to sent I-130? Thanks. 

Did you yourself come here on any other visa, then got married and then adjusted status? That would be a reason to send the I-130.

You mentioned in your first post your now wife came here on a K1. In that case you should not send the I-130, it contradicts with the K1.

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akmal1985 Newbie

akmal1985   0

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10 minutes ago, C90 said:

Did you yourself come here on any other visa, then got married and then adjusted status? That would be a reason to send the I-130.

You mentioned in your first post your now wife came here on a K1. In that case you should not send the I-130, it contradicts with the K1.

Oh shoot. Will this be a problem now? 

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