When is a petition considered filed?

Don Galleto

Registered Users (C)
Hello to all. I am a USC. My wife´s I-94 expires in Feb 9. I sent the I-130 & I-485 in Feb 6 via USPS and it was delivered on Feb 7 at 9:00 pm.
I know I am not supposed to worry about her overstaying because I am a USC. So this question is more from curiosity than anything else, and the information might be useful for LPR trying to adjust family members. The question is, when is a petition considered filed? Is it when I send it? Or when they sign as received? Or after they open the package and review that nothing i$ mi$$ing?

Thank you!
 
Don Galleto said:
Hello to all. I am a USC. My wife´s I-94 expires in Feb 9. I sent the I-130 & I-485 in Feb 6 via USPS and it was delivered on Feb 7 at 9:00 pm.
I know I am not supposed to worry about her overstaying because I am a USC. So this question is more from curiosity than anything else, and the information might be useful for LPR trying to adjust family members. The question is, when is a petition considered filed? Is it when I send it? Or when they sign as received? Or after they open the package and review that nothing i$ mi$$ing?

Thank you!
The receipt date is the date a petition is condifered filed. You would see that date on the NOA - Notice of Acceptance (I beleive), that you will receive soon. Your RD would most likely be Feb 7.
Good luck!
 
Thank you! So she might not be an overstay. I know in our case it doesn't matter, but it doesn't feel right...
 
Don Galleto said:
Thank you! So she might not be an overstay. I know in our case it doesn't matter, but it doesn't feel right...
No, she wouldn't be considered as overstayed. :)
 
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