May not receive NOA1 before overstay

[spikes746 39]

I am a UK citizen currently in the US visiting on a B2 Visa.  I entered August 18th 2020 and my I94 expires Feb 17th 2021. I married my wife, who is a US citizen, in November and we mailed a I-485 with concurrent I-130 application for family based Adjustment of Status to Chicago lockbox and tracking confirmed receipt January 14th.

 

 If my I94 expires before we receive an NOA1, is that a legal issue and considered as overstay? If so, is there any way to resolve this such as filing for extension of stay on B2 until an NOA1 is received?

Thank you

Edited February 3, 2021 by spikes746

[HRQX 4,145]

13 minutes ago, spikes746 said:

filing for extension of stay on B2

Not needed.

13 minutes ago, spikes746 said:

If my I94 expires before we receive an NOA1, is that a legal issue and considered as overstay?

It's not an issue. You'll still be in a period of stay authorized by the Secretary of Homeland Security because of the pending I-485. Your "Receipt Date" will still be in January; see 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

[spikes746 39]

7 minutes ago, HRQX said:

Not needed.

It's not an issue. You'll still be in a period of stay authorized by the Secretary of Homeland Security because of the pending I-485. Your "Receipt Date" will still be in January; see 8 CFR § 103.2(a)(7)(i): "USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format."

Thank you so much! My wife and I were worried.