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  • EAD & AOS Help

    Hello,

    I'm hoping someone can help me...

    I'm a Canadian who entered the us at the end of May 2004 on a K1 Visa in order to marry my husband. We were subsequently married in June. The I-94 expired on August 27th 2004, and the Visa expired on October 29th, 2004.

    We sent my AOS and EAD applications to Vermont on October 27th, 2004. Stupidly, I send them by regular mail. Long story, but it looks like they were never received. Our checks were not cashed, so we are assuming the envelope was lost in the mail or misplaced by USCIS.

    I have copies of everything we sent back in October. I was told by USCIS that we should simply re-file. We re-filed everything on new forms last week and sent them to Vermont (this time by FedEx!) My concern is that I am now out-of-status, and that my AOS may be denied because of this.

    I called USCIS's Customer Service line and explained our situation. I was asked whether or not I'd sent a letter indicating that we had previously applied in October. I did mention the previous filing on the letter and indicated that I have copies of everything if someone wishes to verify them. I was told by the woman I spoke with that because I married a US citizen during the K1 90 day timeframe that my late filing should have no bearing on my AOS.

    I have not worked or left the country since I came here in May. Does anyone envision any issues with me receiving AOS based on the late filing? Thanks in advance.

  • #2
    Hello,

    I'm hoping someone can help me...

    I'm a Canadian who entered the us at the end of May 2004 on a K1 Visa in order to marry my husband. We were subsequently married in June. The I-94 expired on August 27th 2004, and the Visa expired on October 29th, 2004.

    We sent my AOS and EAD applications to Vermont on October 27th, 2004. Stupidly, I send them by regular mail. Long story, but it looks like they were never received. Our checks were not cashed, so we are assuming the envelope was lost in the mail or misplaced by USCIS.

    I have copies of everything we sent back in October. I was told by USCIS that we should simply re-file. We re-filed everything on new forms last week and sent them to Vermont (this time by FedEx!) My concern is that I am now out-of-status, and that my AOS may be denied because of this.

    I called USCIS's Customer Service line and explained our situation. I was asked whether or not I'd sent a letter indicating that we had previously applied in October. I did mention the previous filing on the letter and indicated that I have copies of everything if someone wishes to verify them. I was told by the woman I spoke with that because I married a US citizen during the K1 90 day timeframe that my late filing should have no bearing on my AOS.

    I have not worked or left the country since I came here in May. Does anyone envision any issues with me receiving AOS based on the late filing? Thanks in advance.

    Comment


    • #3
      No issues envisioned here. 1) You entered the country inspected on K-1 visa. 2) You're married to a USC. 3) You married within 90 days. Some people overstay their visas for years but after a marriage to a USC their illegal presence and work are pardoned by the CIS.

      Cheers.

      Comment



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