PLEASE HELP- Filed I-485 no reply yet, Visa will expire soon.

[MSUT]

Hi folks, I would really appreciate a reply.

I am married to a US citizen since late 2010 (abroad), we have a daughter 3 and half years old (dual citizen including US), solid marriage solid family plain and simple. case is pretty straight forward.

I came here on a vistor's visa, a visit long delayed. our plan was not to stay, but to go back home. ... things get complicated; We have a change of plans. and we should stay here. so I start trying to figure out everything for immigration though a little bit on the late side....

me and my wife managed and applied for adjustment of status and I haven't heard from them yet... the problem is my authorization of stay which is 6 months finishes very soon.
What will happen if I dont hear from them and my authorization expires ?
how can I avoid any problems ?

They have received the application package in a mail, I got a receipt for that.

Any advice is highly appreciated and thanks in advance.

[rayb]

If you got the receipt for the I-485, you are in process.

When did you submit the I-485?

Have you got the Biometrics appointment yet?

--Ray B

Hi folks, I would really appreciate a reply.

I am married to a US citizen since late 2010 (abroad), we have a daughter 3 and half years old (dual citizen including US), solid marriage solid family plain and simple. case is pretty straight forward.

I came here on a vistor's visa, a visit long delayed. our plan was not to stay, but to go back home. ... things get complicated; We have a change of plans. and we should stay here. so I start trying to figure out everything for immigration though a little bit on the late side....

me and my wife managed and applied for adjustment of status and I haven't heard from them yet... the problem is my authorization of stay which is 6 months finishes very soon.
What will happen if I dont hear from them and my authorization expires ?
how can I avoid any problems ?

They have received the application package in a mail, I got a receipt for that.

Any advice is highly appreciated and thanks in advance.

[MSUT]

If you got the receipt for the I-485, you are in process.

When did you submit the I-485?

Have you got the Biometrics appointment yet?

--Ray B

Thanks for the reply Ray.

I havent got a receipt yet or biometrics appointment yet.
I submitted it on 1st September./ it reached USCIS on 1st sep

[rayb]

If you only submitted on 9/1, you need to relax for a while.

Did you submit an I-130 at the same time?

It USCIS has acknowledged receipt of the package, the Biometrics appointment will show up within next two weeks.

--Ray B

Thanks for the reply Ray.

I havent got a receipt yet or biometrics appointment yet.
I submitted it on 1st September./ it reached USCIS on 1st sep

[MSUT]

If you only submitted on 9/1, you need to relax for a while.

Did you submit an I-130 at the same time?

It USCIS has acknowledged receipt of the package, the Biometrics appointment will show up within next two weeks.

--Ray B

Its more like the post office has acknowledged that my package has been delivered.
I didnt hear anything back from USCIS.

Yes I submitted I-130 too

[rayb]

Follow the money. When you can tell that your check has been processed, the paperwork is moving.

If you included form G-1145 with the package, you should receive an email and/or text message about 10-15 days after USCIS receives the package.

--Ray B

Its more like the post office has acknowledged that my package has been delivered.
I didnt hear anything back from UCSIS.

Yes I submitted I-130 too

[MSUT]

Follow the money. When you can tell that your check has been processed, the paperwork is moving.

If you included form G-1145 with the package, you should receive an email and/or text message about 10-15 days after USCIS receives the package.

--Ray B

I have been following the money, its not cashed yet.
I also did include a G-1145 with all the forms.

So I should receive an email and or text by the 15th say 16th max since first was labor day ? is that 100% sure no exceptions ?

and say for whatever reason God Forbid I dont receive anything and my stay authorization expires, then what ?

[rayb]

Immigration timeframes are never "100% sure, no exceptions." I submit about 10 package a month to USCIS, all with G-1145 forms, and about 8 of 10 result in text and/or email responses to clients within 2 or 3 weeks. The other 2 out of 10 aren't reported back to me by clients, probably because they didn't give me a cell number or don't check their email (in most cases).

--Ray B

I have been following the money, its not cashed yet.
I also did include a G-1145 with all the forms.

So I should receive an email and or text by the 15th say 16th max since first was labor day ? is that 100% sure no exceptions ?

and say for whatever reason God Forbid I dont receive anything and my stay authorization expires, then what ?

[MSUT]

Immigration timeframes are never "100% sure, no exceptions." I submit about 10 package a month to USCIS, all with G-1145 forms, and about 8 of 10 result in text and/or email responses to clients within 2 or 3 weeks. The other 2 out of 10 aren't reported back to me by clients, probably because they didn't give me a cell number or don't check their email (in most cases).

--Ray B

Thanks you very much again, this is very helpful, so in most cases its 2 to 3 weeks.
I did provide email and phone.

which takes me back to a previous question?

What if I don't hear anything back and my authorization of stay expires ?
The time frame is really my biggest worry. Once its taken in it should be pretty straight forward.

[rayb]

If your package is lost by USCIS, or is sent on a round robin to several different offices for a few months, which does happen now and then, it might be a good idea to resubmit a new package with a new fee check. Just don't stop payment on the first check, as soon or later they will try to cash it. If the check has been cancelled, they will bill you, then send it to the Treasury Department for aggressive collection action. This happened to me once, and it ended up costing me about $750, for a duplicate Naturalization filing, the first of which was delayed for about six weeks, and the client insisted that we stop payment.

-Ray B

Thanks you very much again, this is very helpful, so in most cases its 2 to 3 weeks.
I did provide email and phone.

which takes me back to a previous question?

What if I don't hear anything back and my authorization of stay expires ?
The time frame is really my biggest worry. Once its taken in it should be pretty straight forward.

[MSUT]

If your package is lost by USCIS, or is sent on a round robin to several different offices for a few months, which does happen now and then, it might be a good idea to resubmit a new package with a new fee check. Just don't stop payment on the first check, as soon or later they will try to cash it. If the check has been cancelled, they will bill you, then send it to the Treasury Department for aggressive collection action. This happened to me once, and it ended up costing me about $750, for a duplicate Naturalization filing, the first of which was delayed for about six weeks, and the client insisted that we stop payment.

-Ray B

I kind of lost you there...

I really do hope they have not lost it, perhaps it does happen though far fetched.

my question was different though...
What if I don't hear anything back and my authorization of stay expires ?
What can I do then ?

[rayb]

MSUT,

I was trying to tell you, in a round-about way, that expiration of your gal's allowable visa stay doesn't matter, so long as your Adjustment paperwork is in process mode.

If you later find that your Adjustment package is not in process mode, and has disappeared from USCIS control, consider resubmitting a new package.

Don't let your wife leave the U.S. after her allowable visa period expires. Wait until she has her Green Card or Advance Parole (though the latter is even risky for visa-expired immigrants).

I think you are going overboard with your concern about timeframe. You just submitted it 10 or so days ago. Most of my Adjustment packages take 3 weeks before the check is cashed or anything shows up.



--Ray B

I kind of lost you there...

I really do hope they have not lost it, perhaps it does happen though far fetched.

my question was different though...
What if I don't hear anything back and my authorization of stay expires ?
What can I do then ?

[MSUT]

MSUT,

I was trying to tell you, in a round-about way, that expiration of your gal's allowable visa stay doesn't matter, so long as your Adjustment paperwork is in process mode.

If you later find that your Adjustment package is not in process mode, and has disappeared from USCIS control, consider resubmitting a new package.

Don't let your wife leave the U.S. after her allowable visa period expires. Wait until she has her Green Card or Advance Parole (though the latter is even risky for visa-expired immigrants).

I think you are going overboard with your concern about timeframe. You just submitted it 10 or so days ago. Most of my Adjustment packages take 3 weeks before the check is cashed or anything shows up.



--Ray B

Actually its me who is the non citizen/ Alien : ) my wife is the citizen.
The problem is my stay expires very soon. either way I will wait for a reply.

"in process mode" is only if I get a reply? or is it simply as soon as they receive the package ?!

thanks for you patience !

[rayb]

"Process mode" doesn't start, for certain, until you have a receipt number.

Don't leave the U.S. after your allowable visa stay expires.

I've done some visitor visa conversions several years after the visa stays expired.

--Ray B

Actually its me who is the non citizen/ Alien : ) my wife is the citizen.
The problem is my stay expires very soon. either way I will wait for a reply.

"in process mode" is only if I get a reply? or is it simply as soon as they receive the package ?!

thanks for you patience !

[MSUT]

"Process mode" doesn't start, for certain, until you have a receipt number.

Don't leave the U.S. after your allowable visa stay expires.

I've done some visitor visa conversions several years after the visa stays expired.

--Ray B

So I guess yr saying that USCIS will give me a receipt number even if my allowable visa stay expires ?