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K3 expiration before filing AOS

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  • K3 expiration before filing AOS

    I need help. My wife entered the US two years ago with a valid K3 visa. 5 months after she arrived I deployed to Afghanistan. While deployed, my wife lived with my mother. She was pregnant and gave birth to our son in the middle of my year long tour.

    I arrived back home in October. We should have filed for AOS then, but my job in the Army kept me very busy, we had to get her vaccinations up to date, and there were some financial setbacks that kept us from filing sooner.. My wife's visa expired on the 15th of March and her passport is expired as well.

    I have made an appointment with a civil surgeon to complete her medical exam but they do appointments 1 month out. At this point it looks like we will be filing for AOS about two or three months late..

    I am very distraught and I cannot help but think that I have let her down. I love her very much and it is not her fault that things havent worked out the way we had hoped... What is her status between her visa expiration and the day they recieve our I-485? Will there be any legal penalties for her? Can we still apply for AOS?? How will I explain our delay in filing?

    If anybody has any good advice it would be grately appreciated.

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