Filing AOS 2 Months before B2 Visa Expires

[Josh D. Castiglioni]

Hello guys,

I'm a Costa Rican, married my American wife back in 4/18/2015 in Costa Rica, in 11/12/2015 we decided to visit the US for the holidays, that same week we realized she is pregnant and after consulting with her family decided to stay in the US. I'm finishing my AOS packet and hopefully will file it within this or next week. However, I realize that B2 Visa expires on 5/11/2016, and pretty much have two months left. Is it okay to overstay my visa for the likely 6 month process that it would take?

[gpiper]

I would think

Hello guys,

I'm a Costa Rican, married my American wife back in 4/18/2015 in Costa Rica, in 11/12/2015 we decided to visit the US for the holidays, that same week we realized she is pregnant and after consulting with her family decided to stay in the US. I'm finishing my AOS packet and hopefully will file it within this or next week. However, I realize that B2 Visa expires on 5/11/2016, and pretty much have two months left. Is it okay to overstay my visa for the likely 6 month process that it would take?

That as long as you are within legal status at the time of submission then you are in some ways "protected" in terms of being in violation of the visa conditions when you first entered the country. After all in some cases the AOS process could take beyond a year meaning many in a similar situation would fall foul of visa rules. I do not believe the USCIS want that to be the situation people face.