Want to get married before work visa runs up....

[Morgan41185 0]

My boyfriend is from England, and I met him last year while he was working here in the US. Now he is back in the states working again, and his work visa runs out in early December. We really love eachother and want to get married while he is here, so we dont have to be apart anymore. My question is, how soon before his work visa runs up, should we get married? We want to make sure that we get all the paperwork filed and approved before his work visa ends. Also, I am confused about what all we have to do exactly after we get married.

[Penguin_ie 5,996]

***** Moving from K3 to AOS from Work.. forum as Op's boyfriend is already in the USA *****

[Little_My 464]

If you want to make sure he does not accumulate any overstay, you should send your AOS (adjustment of status) package out at least a month before the end date on his I-94. USCIS has to acknowledge receiving the package before his last day of authorized stay for him to not accumulate overstay, and getting the NOA can take up to 30 days from sending out the package.

However, even if he did end up accumulating a few days - weeks of overstay, it would not be the end of the world and would not really affect your overall AOS process in any way. It's still of course better to aim to send everything on time, before his I-94 expires. If he is authorized to be here until December, you still have plenty of time.

You will file the I-130 and I-485 forms concurrently, with supporting documentation. Process will cost you somewhere between $1,500-$2,000, and it includes him doing a medical exam with a civil surgeon. It also includes a ton of paperwork, such as proof of the validity of your relationship, his birth certificate etc. so start reading up on the guide here on VJ as well as carefully going through the instructions for all the relevant forms.

The whole process will take anywhere between 4-9 months, depending a bit where you are located. There might be a gap where he cannot work, if his work visa expires around the same time you send you the AOS package. He will be issued a temporary work document (EAD), and getting that takes about 70-90 days.

[Harpa Timsah 13,258]

You could get married ASAP and send in the paperwork now and avoid any gaps in his work. Good luck.

[Morgan41185 0]

Thanks so much! This helps a lot. Feels good not to be so confused anymore!