Filing for AOS

[sbor28]

Hello,

I am new to the forum and had a question about when to file for AOS.

Let say my partner and I get married in May but her B1/B2 expires in June. When is the last possible date we can File? Can we file even after her visa expires and she is out of status (like July)?

Would really appreciate some input.

Thanks!

[rayb]

If you are a U.S. citizen, you can file an I-130 concurrently with her I-485, even after the allowable visa period has expired.

--Ray B

Hello,

I am new to the forum and had a question about when to file for AOS.

Let say my partner and I get married in May but her B1/B2 expires in June. When is the last possible date we can File? Can we file even after her visa expires and she is out of status (like July)?

Would really appreciate some input.

Thanks!

[sbor28]

If you are a U.S. citizen, you can file an I-130 concurrently with her I-485, even after the allowable visa period has expired.

--Ray B

Is there an additional fee for filing when she is out of status?

[scientist2016]

Nope. If you are a US citizen, you can file I130 and AOS for your wife whenever you want, irrespective of her legal status at the time of filing.

[sbor28]

Nope. If you are a US citizen, you can file I130 and AOS for your wife whenever you want, irrespective of her legal status at the time of filing.

Great thanks!

One other question. I was not born in the US but derived US Citizenship from my parents so I do have a US Passport. Will this be a problem? Can I just submit my Birth certificate from the foreign country and my US Passport as proof of citizenship?

Thanks!

[rayb]

Not unless she has to file a waiver request for overstaying her visa, which happens if she had entered the U.S. on a K1 visa from a different petitioner.

--Ray B

Is there an additional fee for filing when she is out of status?

[newacct]

Great thanks!

One other question. I was not born in the US but derived US Citizenship from my parents so I do have a US Passport. Will this be a problem? Can I just submit my Birth certificate from the foreign country and my US Passport as proof of citizenship?

Thanks!

Just your US passport is sufficient. Your foreign birth certificate is not useful.

[sbor28]

Just your US passport is sufficient. Your foreign birth certificate is not useful.

Thanks for the info! Cheers!