Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Adjustment of Status Timeframes and i-94 Interactions? (Sept.17' filers)

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Adjustment of Status Timeframes and i-94 Interactions? (Sept.17' filers)

    Hello everyone! My wife and I applied for her AoS a couple weeks after her i-94 expired (Late September 2017). My concern comes when someone stated in another forum, "as long as she files her AOS before the expiration of her i-94, she will have overcome the burden of 3 years or 10 years USCIS imposed exile." Reference at bottom

    Will the i-94 expiration date (mid-sept.17') take any precedence over the fact that we got married within the allotted 90-period for the i-129f AND filed for AoS after and received an "accepted/in-process" notice? I'm new to all this so I'm trying to ensure we're correctly doing all we can while we wait for her i-485/131/765 documents to process. For reference, it has been a little over 4 whole months since we filed the above docs. Please let me know your experiences waiting for the AoS follow-up (post-acceptance notice). She is really struggling with not being able to work since she has been working her whole life up in Canada.

    We are doing absolutely everything we can to do things the legal way and filing all the appropriate fees in a timely manner. I've included our timeline below for reference.

    References:
    (above quote) https://www.immihelp.com/forum/showt...-I-485-pending

    Our Timeline
    December 2016
    -submitted fiancé visa application

    February 2017
    -wife came to visit

    March 2017
    -fiancé visa approved

    June 2017
    -wife's medical exam in Vancouver
    -K1 Visa Interview and approval in Montréal

    July 2017
    -we got married

    August 2017
    -began the adjustment of status process
    -90 days from entry was coming up in mid-sept.

    September 2017
    -made followup apt for i-693 with local doctor
    -on the day of her visa expiration, we found out her application was DENIED because the check for the fees was in MY name (ugh)
    -they sent everything back to us and we were "invited to resubmit" (thankfully)
    -we learned the immigrant has to apply for their own benefits, and the sponsor can not write the check for them
    -luckily we had opened a bank account for her already and she was able to get a cashier's check to cover the cost of the application
    -resubmitted AoS on 9-23-17

    October 2017
    -a few weeks in, we received receipts that her application was in process
    -follow up with a fingerprinting and photo appointment at the local USCIS office
    -we completed that with no issues

    February 2018
    -still waiting...

  • #2
    Originally posted by maplesyrup View Post
    Hello everyone! My wife and I applied for her AoS a couple weeks after her i-94 expired (Late September 2017). My concern comes when someone stated in another forum, "as long as she files her AOS before the expiration of her i-94, she will have overcome the burden of 3 years or 10 years USCIS imposed exile." Reference at bottom

    Will the i-94 expiration date (mid-sept.17') take any precedence over the fact that we got married within the allotted 90-period for the i-129f AND filed for AoS after and received an "accepted/in-process" notice? I'm new to all this so I'm trying to ensure we're correctly doing all we can while we wait for her i-485/131/765 documents to process. For reference, it has been a little over 4 whole months since we filed the above docs. Please let me know your experiences waiting for the AoS follow-up (post-acceptance notice). She is really struggling with not being able to work since she has been working her whole life up in Canada.

    We are doing absolutely everything we can to do things the legal way and filing all the appropriate fees in a timely manner. I've included our timeline below for reference.

    References:
    (above quote) https://www.immihelp.com/forum/showt...-I-485-pending

    Our Timeline
    December 2016
    -submitted fiancé visa application

    February 2017
    -wife came to visit

    March 2017
    -fiancé visa approved

    June 2017
    -wife's medical exam in Vancouver
    -K1 Visa Interview and approval in Montréal

    July 2017
    -we got married

    August 2017
    -began the adjustment of status process
    -90 days from entry was coming up in mid-sept.

    September 2017
    -made followup apt for i-693 with local doctor
    -on the day of her visa expiration, we found out her application was DENIED because the check for the fees was in MY name (ugh)
    -they sent everything back to us and we were "invited to resubmit" (thankfully)
    -we learned the immigrant has to apply for their own benefits, and the sponsor can not write the check for them
    -luckily we had opened a bank account for her already and she was able to get a cashier's check to cover the cost of the application
    -resubmitted AoS on 9-23-17

    October 2017
    -a few weeks in, we received receipts that her application was in process
    -follow up with a fingerprinting and photo appointment at the local USCIS office
    -we completed that with no issues

    February 2018
    -still waiting...
    It makes no difference for AOS in this category whether it was filed before or after the I-94 expires. It can be filed years after the I-94 expires and it would still make no difference.

    There is no such thing as "overcome the burden of 3 years or 10 years USCIS imposed exile". The 3-year/10-year ban is for accruing 180 days/1 year of "unlawful presence" and the leaving the US. 1) She doesn't have 180 days of "unlawful presence" (which would only be the time after her I-94 expired before she filed I-485), and 2) even if she had years of "unlawful presence", she did not leave the US, so she can't have this ban.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by maplesyrup View Post
      -on the day of her visa expiration, we found out her application was DENIED because the check for the fees was in MY name (ugh)
      Wait, do I have to send a check in my name (I'm the beneficiary) for the I-485 and in my sponsor name for the I-130? I haven't found this info anywhere, can you please tell me if I'm misunderstanding?
      Thanks!
      Filing Type: Concurrent I-130, I-130A I-485 (I-693 + I-864), I-765
      Package Sent: 3/12
      PD: 3/14/
      Checks Cashed: 3/27
      NoAs via Email/Texts: 3/27
      NoAs via Mail: 3/30
      Biometric letter: 4/5
      Biometric: 4/18
      Ready to be schedule for an interview 4/24
      Interview was scheduled 5/22
      Letter for interview received 5/26
      Interview schedule for 6/26 @12.30 pm
      Green card approved after interview
      Green Card being printed 6/27
      Green Card received on July 5. Total of 115 Days since PD

      Comment


      • #4
        Great question! When I sent the checks, the checks had mine and my spouse's name on it.

        Originally posted by flyforever85 View Post
        Wait, do I have to send a check in my name (I'm the beneficiary) for the I-485 and in my sponsor name for the I-130? I haven't found this info anywhere, can you please tell me if I'm misunderstanding?
        Thanks!

        Comment


        • #5
          Originally posted by steadygaze79 View Post
          Great question! When I sent the checks, the checks had mine and my spouse's name on it.
          My mother in law wrote my checks. I just put mine and my husband's names on the back.

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X