Pls help me AOS

[Nancy P]

Hi guys,
I am a new comer to this site. I am so stressful and frustrated….. My husband – US citizen and I have married for almost 7 years in Vietnam and have 5 years old daughter. We spent almost of time in Vietnam and around Asia. We just backed US for family visits only. We did not intend to move back here but last Jun, we came back here for family holiday and my husband got a good job offer in Sept. Besides, our daughter is going to the age for the school, we decided to settle down here. We filed the AOS package to Chicago Lock Box in Dec 11th, we have not heard anything about the Receipt Notices from USCIS since then. But my I-94 will be expired in Dec 26th, we are wondering that:
• If I have still not received the NOA after my I-94 is expired, will I be fall in the risk of the ban of 3 years?
• If my AOS package will be returned for some reasons, can we file again and resend it while my I-94 is expired?
• Or we have to fly back home to do the consulate process, honestly, we do not want to go this options because our little girl is in the school now and my husband ‘s health is not in good condition - his blood sugar is out of control now.
Have anybody experienced this situation? Thanks in advance for your advice.

[bandk]

1) No. You have 180 days after expiration to kick in and most likely your AOS receipts will be received by then.
2) Yes and as long as you are not caught by ICE and accrued 180 days of illegal presence you will be fine.
3) You do not have to do this. This is preferred way but you already started AOS. If you were truthful at the point of entry (i.e. did not lie to the officer at the POE) you should be fine to do AOS.

If you filed on 12/11 you should have them within a few weeks given it's holiday season.