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menina

adjusting from work visa

By menina in Adjustment of Status from Work, Student, & Tourist Visas

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menina Proficient

menina   50

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
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I am asking this question for a friend. She is an American citizen engaged to an Italian who is currently working in the US. His visa expires in January, and they want to get married before he has to leave the US. The question is can they get married, apply for AOS, and he stay in the US until he gets his green card? What if his visa expires before they can getting married?

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NikosF Contributor

NikosF   6

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Yes - they can do that. Once he gets his receipt for his AOS he can stay in the US legally until he gets his GC. He's still fine if they get married after his visa expired (since he entered the country legally), but he is subject to deportation between his visa expiring and getting the receipt for his AOS - he's not likely to be caught, but it is certainly a risk.

His bigger issue is that he won't be able to work from the time his work visa expires until he gets his GC or EAC - so a ~90 day wait. If they got married in Vegas this weekend, he'd have a EAC by mid-January. If they were going to get married anyway - that's what I'd do.

08/12/2010 => Day 00 => Package sent to Chicago lockbox

08/13/2010 => Day 01 => Package received and signed for in Chicago

08/23/2010 => Day 11 => Email and Text receipt notification

08/23/2010 => Day 11 => Cheques cashed - $1010 and $355

08/26/2010 => Day 14 => NOAs received in the mail

08/30/2010 => Day 18 => Received biometrics appointment letter (for 9/23)

09/03/2010 => Day 22 => Did walk-in biometrics

09/16/2010 => Day 35 => Received interview letter for 10/21

10/15/2010 => Day 64 => AP received

10/20/2010 => Day 69 => EAC received

10/21/2010 => Day 70 => AOS Interview, approved, I-551 stamp and card production ordered

10/30/2010 => Day 79 => Green card received

 
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