Senta

Zack, my husband and I married on 9-21-02. He arrived in the US on
9-3-02 with his fiancee visa. We applied for his Adjustment of Status
on 9-27-02 at the Detroit Service Center. However, we were missing the
"Approval Letter" that had been sent to us in June of 2001 when his
Fiancee Visa application had been approved and all he had left was the
interview. He didn't get his interview until July 31, 2002 due delays
caused by INS or State Department. I can not find the "Approval
Letter" anywhere. It is missing. I sent a 824 Form and the $140 fee
for a duplicate "Approval Letter" We received the receipt for it today
and it said it would take 210 to 365 days for them to process our
request.

Obviously the K-1 Status will expire on 12-3-02. (90 days after
arrival). Does this mean that he must leave the country on that date?

I have spoken with the State Senator's Office and they are asking the
Nebraska Service Center to Expedite our application for a duplicate
"Approval Letter" but the staff there did not sound very hopeful.

One attorney told us he did not have to leave but he could get
arrested for over stay. She also said that she did not think hiring an
attorney would help us in anyway. She encouraged me to use Federal
level Senators or Congressmen.
But the Federal Level Senator's office said that since the State level
Senator was helping out we couldn't use them.

What advice does any one have?

Rete

First off if your husband has filed for adjustment of status and you married within 90 days of his entry on a K-1, the expiration of his K-1 means nothing. There is no overstay as long as AOS has been applied for. If that were the case 99.999% of everyone here on a K-1 would be in overstay because AOS takes up to 3 years in some places after filing.

You're just going to have to wait out the arrival of the replacement I-797 since Detroit is instant on having it before concluding the AOS. And that is a shame because it would have been so easy if you could only find it.

Rest easy, he cannot be deported or arrested after the K-1 validity period has expired. But he will need to apply to Detroit for an EAD if he wants to work while waiting out the 210 odd days for the arrival of the replacement 1-797.

Rete