AOS or Extend Visitor Visa?

[FatahQadir]

I please need your advice. Should I first file for my wife the Extend Visa form? Or should I first file the AOS (Adjustment of Status)?

My girlfriend came from Mexico to the USA on a Visitor's Visa in January. The Visa is stamped good until July 6, 2009. We had been flying back and forth from St. Louis to Mexico City visiting each other for the last six months. But we finally decided that we don't want to separate anymore and we married last Friday in St. Louis City Hall.

I intend to file the AOS, but I am worried with the processing time, that it may not be approved until after my wife's visa expires. I was thinking that maybe I should file for an extension on her visa first, before doing anything else? What do you recommend?

Thanks for your help and attention in this regard.

Fatah

[PraetorianXI]

You intend to file an extension of her non-immigrant status, so she can immigrate? that contradicts itself. You should not do that.

You need to get the paperwork ready and as long as you mail it (and USCIS receives it) before July 6th, she will be fine.

ps: depending on when was her last entry, when the wedding took place and when you finally get around to filing for AOS, she may be risking being accused of committing fraud by using a visitor visa for the purpose of immigrating to the USA.

[FatahQadir]

Thank you!

Thanks very much PraetorianXI! We appreciate very much your answer.

Fatah and Wife

You intend to file an extension of her non-immigrant status, so she can immigrate? that contradicts itself. You should not do that.

You need to get the paperwork ready and as long as you mail it (and USCIS receives it) before July 6th, she will be fine.

ps: depending on when was her last entry, when the wedding took place and when you finally get around to filing for AOS, she may be risking being accused of committing fraud by using a visitor visa for the purpose of immigrating to the USA.