Two months since filling for AOS but no NOA yet

[Bieloanya]

Hi guys!
I'm a little bit concerned and I hope that somebody could give advice.

My husband and I filed for AOS on June the 9th (envelope received the following day), which was the 90th day of my stay in the US under the ESTA program (I was not supposed to stay here, we were planning to move to Europe together, but things changed because of the pandemic).

Almost two months passed, but we still haven't heard from USCIS - nothing at all! I know that supposedly, people receive some kind of notification of reception or action from them about 2 weeks after filling for AOS, but for us, after two months we have no news from them.

We sent the forms i130, 130a, i485 and I864 (along with the g1145 to be notified via mail or SMS) and we were waiting to have a case number to add the new i944 and the ones for requesting a work permit and travel permit.

Maybe our application was denied because of the missing i944? But I suppose that we should receive a rejection notification?

Is anybody else in a similar situation or have any idea of why it's taking so long to hear back from uscis? Should I try to call them? (which I did, but the automated voice asks for a case number of course) or maybe there is something else that I can do?

I'm worried that should anything happen, I have no proof of the AOS application, which makes my status unlawful and that's very, very scary to me.

Additional info: I am Italian and my husband and I are based in Sacramento, CA. We sent my application to the lockbox in Chicago.

Thank you guys!

[img82]

Hi! I went through the same thing. It took me 53 days to get my SMS notices. I called multiple times, but if the application is not on the system yet, they can't do anything for you. My advice is to write an email for [email protected] and ask for more information. Make sure you inform:

• Your name and birthday
• Lockbox and delivery method (USPS, Fedex, etc)
• Your address
• All the forms you've sent
• When it arrived

If your application is rejected, you'll receive not only notices, but your whole package back, so I think that's not the case.
Lockbox support is supposed to answer you in 48h, and my lawyer told me to send it every 48h until I had an answer. They never answered me, but 5 days after my first email I got my SMS receipts. Basically, I see only 3 possibilities: either your application is still there waiting to be processed, or USCIS lost it (it happens), or it was lost by the courrier and never was delivered.

Best of luck!

[000000]

If you have a tracking number of your package, email [email protected] and ask them about where your case is.

In addition, call USCIS, press 1, then 2 (three times) and ask them if they have received your case.

Since it has been so long, prepare to file again as the chance is your case was lost or rejected for missing i944. (Note that if you refile now, you do not need i944 as there is an injuction, so you may want to refile asap if USCIS cannot find your case.)

I assume you are married to a USC since afaik, only spouse & kids of USC can AOS from ESTA/VWP. If married to USC you can refile, your overstay should be forgiven but you should not leave the country if you plan to get permanent residence from within US.

Good luck.

[aph]

000000 said it all!