Susanna

If you have your AOS Package sent back(for what ever reason?) and you were on a tourist visa and overstayed.
Would you be classed as out of Status agian?

Rete

Technically, no because until it is accepted for filing, you remain out of status. If it is returned intact without the checks cashed you are still in the same category of status you were when you filed which in your case is "overstay". If the cashes were cashed and just sent a request for more evidence, then I believe the overstay clock has stopped and you are in Pending Status.

Rete

Susanna

Thanks Rete
Makes sense.
But what about other people just to waffle as usual?

Lets say you married before your 90days and applied for AOS after the 90days.... and it came back???? although you married instatus you would no longer be in status after the 90days which would make a majority of people in overstay?

Can you see my point anyone?
And no mine has not come back as of yet.

Rete

When you talk of the 90 days, I assume you mean K-1 visa holders. As long as they marry within the valid 90 day period they can apply for AOS at any time after that. And yes, if they apply after the 90th day, they are out of status from that day until the day they file.

Rete

sibsie

I think Susanna means she entered under VWP, married and filed to adjust status after her time on the VWP which is 90 days was up.

Rete

Thanks sibsie. I know Susanne's situation well and she probably was talking about the 90 day VWP visit rather than a K-1. Felt I would let her know that even K-1 recipients can be out of status for a period of time if they don't file in a timely manner and get an RFE after filing.

Rete

sibsie

Thanks Rete. Worth a mention to us K1's too. It's what I've been worrying about with my lack of NOA2.

Susanna

Thankyou Ladys
Pleased you understood.
So really anyone who comes in on any visa and marrys but does not applie for AOS until after their visa has expired is out of status.

So really if yo cannot confirm that your cheques were cashed or lets say someone with a money order, assumes they are back in status?? they may well NOT BE as it takes weeks to bounce back the AOS if they so choose to so at Immigration.

Thats a bit scary because in the meen time removal procedures could be under way.

Pleased I asked original question as it was getting to a debate with friends

Rete

It usually does not take weeks to either bounce back and/or get an RFE. In most cases (although there are exceptions near and far) you will get some type of receipt. And overstay is not really an issue unless you are over the 180 day mark.

Rete