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Posted

Good morning everyone,

 

I am turning to you as I have no clue what to do in my current situation.

 

I have been under a student visa for 4 years now, and finished my post-completion OPT on late July. I got married last November so I applied for an adjustment of status in early August. 

My problem now is that:

- we already had one back and forth with USCIS because of "missing info" (they sent back the entire application: I485, I130, I864, I765, I131)(postal services took almost 2 weeks to get it back to us),

- my "grace period" ends this Sunday,

- I have absolutely no clue as what to do without a notice of action.

What if there's a problem again with my application? I can't file it a third time as I will be outside of my grace period. Should I wait it out? Go back alone to my home country and start a new application from scratch from there? What is the recommended pathway in this situation? Did any of you faced this problem before? I want to avoid any problematic situation.

 

I went to the USCIS' website but couldn't get a clear answer and attempted to call multiple law schools/immigration clinics without being able to get ahold of someone over the phone. I am freaking out.

 

In advance, thank you for your answers and kindness.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
10 minutes ago, Mauricette said:

Good morning everyone,

 

I am turning to you as I have no clue what to do in my current situation.

 

I have been under a student visa for 4 years now, and finished my post-completion OPT on late July. I got married last November so I applied for an adjustment of status in early August. 

My problem now is that:

- we already had one back and forth with USCIS because of "missing info" (they sent back the entire application: I485, I130, I864, I765, I131)(postal services took almost 2 weeks to get it back to us),

- my "grace period" ends this Sunday,

- I have absolutely no clue as what to do without a notice of action.

What if there's a problem again with my application? I can't file it a third time as I will be outside of my grace period. Should I wait it out? Go back alone to my home country and start a new application from scratch from there? What is the recommended pathway in this situation? Did any of you faced this problem before? I want to avoid any problematic situation.

 

I went to the USCIS' website but couldn't get a clear answer and attempted to call multiple law schools/immigration clinics without being able to get ahold of someone over the phone. I am freaking out.

 

In advance, thank you for your answers and kindness.

Resend your package and make sure nothing missing. Also, don't worry about "grade period" or "unlawful presence". One you apply for AOS, you're authorized to stay.

Posted
47 minutes ago, H&T said:

Resend your package and make sure nothing missing. Also, don't worry about "grade period" or "unlawful presence". One you apply for AOS, you're authorized to stay.

Thank you for your quick answer!

I resent the package already 2 weeks ago, they received it last Tuesday. I made sure everything was in order but I was still afraid of having done something wrong as I reviewed the first an outrageous amount of times but still ended up missing something...

Also, I just found out that as an immediate relative beneficiary I can't be barred from re-sending it after that end date (if needs be, let's hope not).

I will continue to wait for their reply and hopefully get some news very soon. :)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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