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Just married, have questions on status during processing of AOS

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  • Just married, have questions on status during processing of AOS

    We were married last week and are getting everything together and the AOS ppw filled out. During the processing of the AOS do we need to be concerned with his staus? he is here on a student visa and he will fall out of status as of July 23rd.
    Is it a immigrant visa # we will be given? is that given when the application is recieved?
    Thank you for any help you can give us.
    Last edited by bartonc; 05-30-2011, 03:30 PM.

  • #2
    Originally posted by bartonc View Post
    We were married last week and are getting everything together and the AOS ppw filled out. During the processing of the AOS do we need to be concerned with his staus? he is here on a student visa and he will fall out of status as of July 23rd.
    Is it a immigrant visa # we will be given? is that given when the application is recieved?
    Thank you for any help you can give us.

    Don't you have to wait 90 days after getting married before you can file? I believe so! Your husband is a student. I see... How long has he been here? Why is he falling out of status? Is he quitting school? Why is he getting married now? How long do know each other? This can cause trouble. To be safe consult an immigration lawyer. You would rather do that in your case than taking the risk of applying by yourself. Hope that will help you.
    Best wishes!

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    • #3
      any of that wont matter. also i know for a fact that you can apply the same day that you got married. But definitely time will help your case. important Qs will be how do you support your spouse and have proof for all that. but even if your spouse falls out of status this will not affect your application, you will get more Qs on the interview, just be ready to have an answer for all of them.
      Last edited by aamg37; 06-24-2011, 01:38 AM.

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      • #4
        Originally posted by bartonc View Post
        We were married last week and are getting everything together and the AOS ppw filled out. During the processing of the AOS do we need to be concerned with his staus? he is here on a student visa and he will fall out of status as of July 23rd.
        Is it a immigrant visa # we will be given? is that given when the application is recieved?
        Thank you for any help you can give us.
        You are doing AOS not applying for a visa, He will get permanent residency not a visa. Green card. Your AOS is pending now so while he is out of status he is in a holding pattern so you wait to have AOS approved. He can't work or travel either unless you applied for EAD and AP which will come sooner sometimes before GC and he will have biometrics done before all this.

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