I-485 Mailed but USPS is "In Transit, Arriving Late"

[Stingbass 7]

Hey guys,

 

Just wanted to get some feedback and thoughts about what my wife and I should regarding the situation we're in right now... She arrived in the states on her K1 on May 21st. We got married in early June and waited until late July to start the AoS process because I was in between jobs and my new position would be a much higher salary to use on the affidavit of support. I felt more comfortable waiting until after I started my new job to send the AoS package out with the offer letter+recent paystubs. We mailed the completed forms via USPS 2 Day Priority Mail (with tracking and insurance) on 8/4 with the delivery date set for 8/7. It is now 8/13 and the package has been stuck in Chicago with an "in transit, arriving late) status since 8/9. I've opened a case with USPS but haven't heard anything... My question is twofold:

 

1. If I just wait it out and the package arrives after our 90 days is up (which is 8/19) would the postmarked date/date of signing the forms be enough for USCIS to consider us in good standing with the K1 and AoS? I genuinely don't know if the forms MUST be submitted prior to the 90 days being up and whether my wife would be in violation of her K1 (i.e. overstaying) if USCIS hasn't received the forms by the 19th.

 

2. Should I just suck it up and re-print the entire package (including getting her passport style headshots done again) and send it via FedEx or UPS with overnight delivery to be sure? And if I do that, will we have issues when ANOTHER package from us shows up via USPS when they finally decide to mail it out? 

 

Sorry for the long post, but I want to make sure we're compliant and doing everything we can to get these documents submitted on time. I never even thought USPS 2 day priority mail (which I used for the K1) would even be CLOSE to our 90 day expiration date (mailed 2+ weeks in advance), but here we are... Thanks for your help! 

[Adventine 3,201]

I would just be patient. Your package is in Chicago and there isn't any guarantee that sending a brand new package would arrive faster than your original one. You are also right that there is possibility that you get charged twice OR get issued two different sets of case numbers because you sent two packets.

 

Your wife won't be in any kind of trouble as you have records of the AOS packet sent and postmarked before the 90 days are up.

 

In the future, it's definitely more prudent to consider FedEx, UPS or other private couriers when sending time-sensitive immigration documents.

[Stingbass 7]

7 minutes ago, Adventine said:

I would just be patient. Your package is in Chicago and there isn't any guarantee that sending a brand new package would arrive faster than your original one. You are also right that there is possibility that you get charged twice OR get issued two different sets of case numbers because you sent two packets.

 

Your wife won't be in any kind of trouble as you have records of the AOS packet sent and postmarked before the 90 days are up.

 

In the future, it's definitely more prudent to consider FedEx, UPS or other private couriers when sending time-sensitive immigration documents.

 

Thanks for the input. I guess my previous interaction with priority mail working out well for the K1 colored my judgment on using it again. Definitely won't be doing that again... They just responded to the case and said it may have been delivered but not scanned. Which isn't much help, but I suppose we will simply wait it out. 

Edited August 13, 2021 by Stingbass

[Adventine 3,201]

Hang tight, you have some more time.

 

If it helps put you at ease, give your wife printed copies of the following documents. Have her carry them around in her purse, so that in the off chance that she is questioned by law enforcement for any reason, she has proof of her authorized stay in the US.

• the proof that you sent the AOS package on time (ex. USPS delivery receipt)
• copy of her passport, her K1 visa, and your marriage certificate
• once USCIS receives it, copies of the NOA1s

 

Edited August 13, 2021 by Adventine

[Ayrton 965]

3 hours ago, Stingbass said:

Hey guys,

 

Just wanted to get some feedback and thoughts about what my wife and I should regarding the situation we're in right now... She arrived in the states on her K1 on May 21st. We got married in early June and waited until late July to start the AoS process because I was in between jobs and my new position would be a much higher salary to use on the affidavit of support. I felt more comfortable waiting until after I started my new job to send the AoS package out with the offer letter+recent paystubs. We mailed the completed forms via USPS 2 Day Priority Mail (with tracking and insurance) on 8/4 with the delivery date set for 8/7. It is now 8/13 and the package has been stuck in Chicago with an "in transit, arriving late) status since 8/9. I've opened a case with USPS but haven't heard anything... My question is twofold:

 

1. If I just wait it out and the package arrives after our 90 days is up (which is 8/19) would the postmarked date/date of signing the forms be enough for USCIS to consider us in good standing with the K1 and AoS? I genuinely don't know if the forms MUST be submitted prior to the 90 days being up and whether my wife would be in violation of her K1 (i.e. overstaying) if USCIS hasn't received the forms by the 19th.

 

2. Should I just suck it up and re-print the entire package (including getting her passport style headshots done again) and send it via FedEx or UPS with overnight delivery to be sure? And if I do that, will we have issues when ANOTHER package from us shows up via USPS when they finally decide to mail it out? 

 

Sorry for the long post, but I want to make sure we're compliant and doing everything we can to get these documents submitted on time. I never even thought USPS 2 day priority mail (which I used for the K1) would even be CLOSE to our 90 day expiration date (mailed 2+ weeks in advance), but here we are... Thanks for your help! 

Just wait. You don't want to have two packages processed by the lockbox. This is already an expensive process, I wouldn't want to pay twice for it 

 

There's no requirement to actually file for AOS before day 90, but since you already sent the package, it's s just a matter of time now.

[little immigrant 801]

I would just wait