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Serious issue - we forgot i944 and my o1 expires in 20 days

I need some advice on options including having to leave the country..

I can’t believe we did this. Don’t worry I’ve lectured my self so much already. We only sent it in a week and half ago. It wasn’t on the official checklist probably because it’s not compulsory. We got some wrong advice from a lawyer friend who didn’t tell us either. I think when he briefly mentioned it he said it was suspended from covid so he didn’t have it on his checklist either. We were under a lot of pressure sending through the visa in little under a week (we had a big delay with getting married because I couldn’t get my original birth certificate sent over because of Covid) Honestly I didn’t realise about i944 until I was lurking reddit.

We contacted USCIS they said bad luck you can’t add it in, wait for the 485 (AOS) to get rejected and send it in again (they haven’t “received” it yet so it’s not in their system) Rejection once they receive it, he said, takes 30 days. Except my visa runs out in 20 days..so I won’t be able to reapply for a adjustment of status....eek

We contacted our congress but he hasn’t been much help. The last I heard he wanted my contact details. That was 5 days ago. I’ve been messaging him daily.

So we are trying to come up with solutions

Can’t send in another packet now because USCIS agent said there is a tiny chance they won’t reject it the original one and just ask for the i944 because it seems to be a pattern of people missing it because of Covid and removal of suspension and sending in another one may cause problems

My current o1 visa expires in 20 days. My daughter and I have been in the states for almost 7 years now and we are freaking out we aren’t sure what to do. Do we have to leave and go apply for the 1 K1 visa from another country? From what small advice I have got with this situation it seems like we may have to leave as I will be illegally here once my o1 runs out and I can’t reapply until I get the rejection which by then it won’t be an adjustment of status it’s a whole other thing.

I can’t go back to my home country right now. The flights are insane and they make you pay $3k each person for quarantine. I don’t have $12k to just drop by next week

We can go to Mexico I have some friends there

We can’t get in contact with a lawyer for help right now everyone is on holidays. We have tried three.

It was already going to be hard enough not being able to work for 3-5 months while I waited for my work permit (I have two businesses here in the states and I have to close them in 20 days while I transition over to the greencard while I’m not legally allowed to work as I don’t want to risk it) I’m just not sure if I should start planning that we have to leave. My daughter and our lives are here so I need to plan this without disrupting her (she is 13) and make sure we have everything we need. My husband would stay here with the cat as he is blind and can’t be left alone or with a feeder

:(

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source https://www.reddit.com/r/immigration/comments/kld83l/serious_issue_we_forgot_i944_and_my_o1_expires_in/

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