Should I file for an extension?

[vamos 0]

My wife and I have only just filed for AOS due to a combination of procrastination and problems with getting bank statements to file past tax returns. My K3 Visa expires on the 3rd of June (ironically, the same day my wife is due to give birth to our first child) and my EAD will expire on the 25th of July. Our I-864 relies heavily on my income, should I be filing for an extension on the K3, EAD or both?

[DeeBee 1]

My wife and I have only just filed for AOS due to a combination of procrastination and problems with getting bank statements to file past tax returns. My K3 Visa expires on the 3rd of June (ironically, the same day my wife is due to give birth to our first child) and my EAD will expire on the 25th of July. Our I-864 relies heavily on my income, should I be filing for an extension on the K3, EAD or both?

Sounds like you need to be consulting a lawyer. Once you have filed for AOS you are in a grey area and technically okay to be out of status. The permission to work is a different issue. Don't work if you are out of status, they will never approve your AOS!

[Kathryn41 3,205]

Once you filed for AOS your status became AOS applicant and you are legal until you receive a decision on the AOS. Don't worry, you are fine - you don't need to file for any sort of extension of the K-3 - it has served it's purpose. You will need to renew the EAD, however - which you can do as an AOS applicant - prior to this one expiring in order to continue working. Allow at least 90 days - and you may wish to leave a little bit more room if your working is critical as it may take longer to process than 90 days.

Congratulations on the pregnancy and good luck. I hope you included proof about the pregnancy in the AOS package.

Edited January 10, 2009 by Kathryn41

[Kez/JWolf 6]

My wife and I have only just filed for AOS due to a combination of procrastination and problems with getting bank statements to file past tax returns. My K3 Visa expires on the 3rd of June (ironically, the same day my wife is due to give birth to our first child) and my EAD will expire on the 25th of July. Our I-864 relies heavily on my income, should I be filing for an extension on the K3, EAD or both?

Did you file for a EAD along with your AOS? If you did then it should be approved before your existing one expires in July, if you did not file for EAD then once you get your NOA1 for your AOS file for EAD and include a copy of the NOA1 and that way you will not need to pay another fee as the EAD and AP are included in the cost of AOS.

As long as you filed for AOS before your K3 expires you will not be out of status, your status chances to Adjustment Pending instead of K3. You could file for an extension on the K3 but the chances are that your AOS will be approved before or shortly after your K3 expiry.

[vamos 0]

Thanks for the advice everyone. I actually just got my biometrics appointment notice in the post today. I'm now happy in the knowledge that the real date I should be worried about is the 25th of July. If it's part of the fee I've already paid I might as well apply for the extension on the EAD.

Kathryn: Thank you! We didn't include any information about the pregnancy at all. Do you think they would've expedited the case if we had?

Edited January 13, 2009 by vamos