Married in the US on B1/B2 - AOS and related questions

[Rach 0]

Hi all,

Hope you all are enjoying the lovely fall weather and your visa journey is going smoothly!

I got married to a US citizen on a B1/B2 visa in the US recently, after 4 years of dating long distance. My current visa is expiring in the first week of December. May I know if I am safe as long as I mail in the AOS package before my visa expiration date or I need to get a receipt notice from USCIS before the expiration date?

All inputs and sharing appreciated!

Thanks,

Rach

[TayRivers 4]

Hi all,

Hope you all are enjoying the lovely fall weather and your visa journey is going smoothly!

I got married to a US citizen on a B1/B2 visa in the US recently, after 4 years of dating long distance. My current visa is expiring in the first week of December. May I know if I am safe as long as I mail in the AOS package before my visa expiration date or I need to get a receipt notice from USCIS before the expiration date?

All inputs and sharing appreciated!

Thanks,

Rach

You have not given enough information to get the correct advice. You say you were ina long term relationship and your profile showes you filed for K1 so what was your intent when you entered the US on your B1/B2 visa? when did you enter? and when did you decide to get married?

[Rach 0]

Thanks for the response! My apology for unclear and confusing information. My intent was to visit my then boyfriend! We actually never thought we would be ready to get married for another year or so! Things have gone pretty well since I arrived in June. We did not want to be separated any longer (it's been 4 years since we started dating long distance) so we decided we would get married here. I called the USCIS hotline and they said it is ok to get married and it is ok to file for AOS - not sure how true it is but here we are...

[TayRivers 4]

Thanks for the response! My apology for unclear and confusing information. My intent was to visit my then boyfriend! We actually never thought we would be ready to get married for another year or so! Things have gone pretty well since I arrived in June. We did not want to be separated any longer (it's been 4 years since we started dating long distance) so we decided we would get married here. I called the USCIS hotline and they said it is ok to get married and it is ok to file for AOS - not sure how true it is but here we are...

It would be better to file for AOS before your I-94 expires, also you should not leave the USA even with Advanced Parole, as you could be refused entry.

Here is a link to the Guide click here

You can follow the instructions they are quite easy.

Good luck

[pushbrk 12,888]

Thanks for the response! My apology for unclear and confusing information. My intent was to visit my then boyfriend! We actually never thought we would be ready to get married for another year or so! Things have gone pretty well since I arrived in June. We did not want to be separated any longer (it's been 4 years since we started dating long distance) so we decided we would get married here. I called the USCIS hotline and they said it is ok to get married and it is ok to file for AOS - not sure how true it is but here we are...

The scenario you describe would indeed allow you to simply adjust status. You may do so before or after your I-94 expires without penalty because you married a US Citizen. The sooner you do so, the sooner you'll be able to work.

Your visa expiration is of no consequence. The I-94 is what counts here.

Edited October 20, 2008 by pushbrk

[Rach 0]

Thanks for the response! My apology for unclear and confusing information. My intent was to visit my then boyfriend! We actually never thought we would be ready to get married for another year or so! Things have gone pretty well since I arrived in June. We did not want to be separated any longer (it's been 4 years since we started dating long distance) so we decided we would get married here. I called the USCIS hotline and they said it is ok to get married and it is ok to file for AOS - not sure how true it is but here we are...

The scenario you describe would indeed allow you to simply adjust status. You may do so before or after your I-94 expires without penalty because you married a US Citizen. The sooner you do so, the sooner you'll be able to work.

Your visa expiration is of no consequence. The I-94 is what counts here.

Thanks both! I apparently am new to all the immigration "terminologies"! My I-94 expires in December. My visa allows me for multiple-entry and is good for 10 years. So I am safe as long as the postal stamp/ the day I mail the package is before my I-94 expiration date? Or I need to get a confirmation from USCIS that they received my package before the I-94 expiration date?

Thanks again!

[TayRivers 4]

Thanks for the response! My apology for unclear and confusing information. My intent was to visit my then boyfriend! We actually never thought we would be ready to get married for another year or so! Things have gone pretty well since I arrived in June. We did not want to be separated any longer (it's been 4 years since we started dating long distance) so we decided we would get married here. I called the USCIS hotline and they said it is ok to get married and it is ok to file for AOS - not sure how true it is but here we are...

The scenario you describe would indeed allow you to simply adjust status. You may do so before or after your I-94 expires without penalty because you married a US Citizen. The sooner you do so, the sooner you'll be able to work.

Your visa expiration is of no consequence. The I-94 is what counts here.

Thanks both! I apparently am new to all the immigration "terminologies"! My I-94 expires in December. My visa allows me for multiple-entry and is good for 10 years. So I am safe as long as the postal stamp/ the day I mail the package is before my I-94 expiration date? Or I need to get a confirmation from USCIS that they received my package before the I-94 expiration date?

Thanks again!

You can apply whenever you want but if you want to remain in status then you should mail your application no later than the day before your I-94 expires and send it overnight to the lockbox address.

[pushbrk 12,888]

Thanks for the response! My apology for unclear and confusing information. My intent was to visit my then boyfriend! We actually never thought we would be ready to get married for another year or so! Things have gone pretty well since I arrived in June. We did not want to be separated any longer (it's been 4 years since we started dating long distance) so we decided we would get married here. I called the USCIS hotline and they said it is ok to get married and it is ok to file for AOS - not sure how true it is but here we are...

The scenario you describe would indeed allow you to simply adjust status. You may do so before or after your I-94 expires without penalty because you married a US Citizen. The sooner you do so, the sooner you'll be able to work.

Your visa expiration is of no consequence. The I-94 is what counts here.

Thanks both! I apparently am new to all the immigration "terminologies"! My I-94 expires in December. My visa allows me for multiple-entry and is good for 10 years. So I am safe as long as the postal stamp/ the day I mail the package is before my I-94 expiration date? Or I need to get a confirmation from USCIS that they received my package before the I-94 expiration date?

Thanks again!

I've made the critical part of my previous answer bold above. It should be clear that there is no penalty for filing the AOS papers late but the sooner you do, the sooner the process will be complete.