Marriage Package Wife ESTA expires on April 8th.

[toxzl2]

Good afternoon everyone,

I'm worried about my current situation. I married my wife in March and we sent our marriage green card package on March 19. They received the package on March 20th per tracking number but I have not received any receipt or notification that they have my package. My wife's ESTA ends or expires on April 8th, 90 days stay on the US. She is from Venezuela but she is also from Spain.

Does she have to go to her home country if they don't send me the receipt number even if we already sent the package?

If she doesn't go and stays after April 8th, it will count as overstay and it could bring many problems to our application?

Thanks in advance!

[NYC/She]

You have to check with a lawyer. Some people have on I-94 no AOS, EOS, COS

[newacct]

Good afternoon everyone,

I'm worried about my current situation. I married my wife in March and we sent our marriage green card package on March 19. They received the package on March 20th per tracking number but I have not received any receipt or notification that they have my package. My wife's ESTA ends or expires on April 8th, 90 days stay on the US. She is from Venezuela but she is also from Spain.

Does she have to go to her home country if they don't send me the receipt number even if we already sent the package?

If she doesn't go and stays after April 8th, it will count as overstay and it could bring many problems to our application?

Thanks in advance!

You are a US citizen, right?

No, she does not have to go home.
1. The official "received date" is usually no more than a day or two from when the mail was delivered to them, so it must be received, even if she hasn't gotten the receipt yet.
2. It doesn't even matter whether they receive it before or after her status expires. She is in the Immediate Relative category and doesn't need to be in status to do Adjustment of Status.

[toxzl2]

You are a US citizen, right?

No, she does not have to go home.
1. The official "received date" is usually no more than a day or two from when the mail was delivered to them, so it must be received, even if she hasn't gotten the receipt yet.
2. It doesn't even matter whether they receive it before or after her status expires. She is in the Immediate Relative category and doesn't need to be in status to do Adjustment of Status.

No, I'm a Lawful Permanent Resident.

They returned my package, they said my check amount was wrong but apparently it was good because I called USCIS for assitance and they told me it should $1760 ( 1225 + 535 )

Also, Form I-485 was outdated but I made sure every form was correct before sending my package... USCIS told me a lot of people were getting their packages returned... Including mine...

I'm really scared right now because my wife is out of status since April 8th, 2020 and they received the package on March 20th, 2020 and the Notice Date is from April 15th, 2020... What do I do know?

Thanks a lot for the anwers!

[newacct]

No, I'm a Lawful Permanent Resident.

They returned my package, they said my check amount was wrong but apparently it was good because I called USCIS for assitance and they told me it should $1760 ( 1225 + 535 )

Also, Form I-485 was outdated but I made sure every form was correct before sending my package... USCIS told me a lot of people were getting their packages returned... Including mine...

I'm really scared right now because my wife is out of status since April 8th, 2020 and they received the package on March 20th, 2020 and the Notice Date is from April 15th, 2020... What do I do know?

Thanks a lot for the anwers!

That's not good. The spouse of a permanent resident is in the F2A category. People who are not in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) are not eligible for Adjustment of Status if they entered on the Visa Waiver Program. So your wife cannot do I-485 in the US (at least, not until you become a citizen), and she should probably leave before she accrues 180 days of unlawful presence, and do Consular Processing abroad for an immigrant visa.

[toxzl2]

That's not good. The spouse of a permanent resident is in the F2A category. People who are not in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) are not eligible for Adjustment of Status if they entered on the Visa Waiver Program. So your wife cannot do I-485 in the US (at least, not until you become a citizen), and she should probably leave before she accrues 180 days of unlawful presence, and do Consular Processing abroad for an immigrant visa.

Hello and thank you for the fast answer!

I thought we could adjust status before her ESTA expired but now they sent the package back...

I have a receipt number about the rejection and they said I could send it again but if I send it again, the filling date will change? Or they will continue my case with the same receipts numbers and dates?

This is really bad... COVID and now this?

[newacct]

Hello and thank you for the fast answer!

I thought we could adjust status before her ESTA expired but now they sent the package back...

I have a receipt number about the rejection and they said I could send it again but if I send it again, the filling date will change? Or they will continue my case with the same receipts numbers and dates?

This is really bad... COVID and now this?

Like I said, she is not eligible for Adjustment of Status. Don't send it.

[longee94]

Your only option is consular processing once State restart processing