Help! Running out of time and I-693 (medical exam) not ready

S

sudhany

Registered Users (C)
Hi everyone,

I'm currently on F1 and am applying to adjust status based on marriage to a US citizen. My F1 status expires August 31st and I was hoping to express-mail everything to the Chicago lockbox tomorrow (8/24) so that I wouldn't be out of status. I find out now that my I-693, which was supposed to be ready two weeks ago, still hasn't been signed by the civil surgeon. The clinic has promised to have it ready by this Friday (8/25) but, given how long they've delayed this already, I'm not really confident that they'll have it done. My question is: can I send the rest of the stuff on and mail the I-693 later, or does it all have to be mailed in at the same time? Also, suppose I mail everything in on Monday, 8/28, am I still okay status-wise? What's relevant here: (a) the postmark date of mailing the application, (b) the USCIS receipt date, or (c) the notice date?

I know USCIS forgives unauthorized stays provided you've entered the US legally -- which I have -- but I don't really want to be in that position if I can help it.

Thanks for any suggestions you may have, and all the best.
 
sudhany said:
Hi everyone,

I'm currently on F1 and am applying to adjust status based on marriage to a US citizen. My F1 status expires August 31st and I was hoping to express-mail everything to the Chicago lockbox tomorrow (8/24) so that I wouldn't be out of status. I find out now that my I-693, which was supposed to be ready two weeks ago, still hasn't been signed by the civil surgeon. The clinic has promised to have it ready by this Friday (8/25) but, given how long they've delayed this already, I'm not really confident that they'll have it done. My question is: can I send the rest of the stuff on and mail the I-693 later, or does it all have to be mailed in at the same time? Also, suppose I mail everything in on Monday, 8/28, am I still okay status-wise? What's relevant here: (a) the postmark date of mailing the application, (b) the USCIS receipt date, or (c) the notice date?

I know USCIS forgives unauthorized stays provided you've entered the US legally -- which I have -- but I don't really want to be in that position if I can help it.

Thanks for any suggestions you may have, and all the best.
Click to expand...

Well...
Does the F1 visa expire or also the school papers -- I forgot the name...I think DS-230??...If your school authorization is still valid, then you're not out of status.

For example.... My H1B visa stamp expires in May 2007 but my I-129 petition from my employer authorizes me to work for them till November 2008.
Should I not renew my visa, I wouldn't be out of status after May 2007. I'd just need to get a new visa stamp if I exit the US.

If you're out of status on Sep 1, then you should push the civil surgeon. You paid him, tell him that you'll be out of status.
For H1B visa receipt date counts when you switch (you could start legally working for your new employee on the date they receive the new petition), so if USCIS has a bit of standard procedures, receipt date should count. In this case if you mail it on Friday Aug 25, they'll receive it on Monday Aug 28 and you should be fine. From receipt date to notice date it takes usually 3 to 5 days....so you'd be on the edge.
 
Thanks, Sarrebal, for your comments. To answer your question: it's the school papers that are expiring; this is the I-20. The F1 visa itself expired a while ago, but I've been in status because the I-20 has been valid. I could get the I-20 renewed, but it works out much, much better for us financially for me to be on leave this semester. (I'm trying to wrap up my dissertation and can just as easily do that while I'm on leave as when I'm paying full tuition; I'll just have have to pay a small filing fee when I file the dissertation.)
 
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