Can my wife stay in the country??

[cortez72483 1]

My wife touched down on the 23rd of July. We got married on August 18th. I turned in the AOS just today via express mail. According to the waiting times, it takes roughly 4 months to process the I-485. If she touched down on July 23rd, that technically makes October 23rd the 3 month deadline to get married. Does it mean she will have to go back if my AOS isn't approved by October 23rd?

[Inky 1,110]

What are you talking about?

Your wife just arrived but its your AOS? whos AOS is it.

You have to marry within the 90 days that is all you have to do.

There is NOTHING to do with AOS being processed by a certain time.

She does NOT leave the country for anything at all until the AOS is finished and the green card in hand. If she has an emergency and has to leave before AOS is approved she must have AP or a stamp in her passport from an infopass.

[Enigma11561 336]

ditto.

[cortez72483 1]

i'll reclarify:

i'm the us citizen. my wife is the foreigner. after marrying my foreign wife who has came here on a k1-visa, does she need to get the AOS approved by a certain time to stay here legally?

i thought that marrying my fiance alone wasn't enough to keep her here legally.

Edited September 9, 2011 by cortez72483

[Rebecca Jo 1,962]

i'll reclarify:

i'm the us citizen. my wife is the foreigner. after marrying my foreign wife who has came here on a k1-visa, does she need to get the AOS approved by a certain time to stay here legally?

i thought that marrying my fiance alone wasn't enough to keep her here legally.

You're right. It isn't.

To preserve her legal status, it is preferable to file adjustment of status before the K1 visa holder's I-94 expires. You have done this.

The gap in time between I-94 expiry and approval of the green card has no legal name. Technically, once the I-94 expires, an alien is out of status. BUT if they have filed a petition for adjustment of status, they have protected themselves by virtue of that filing. In essence they are saying to the US government - I wish to stay here and I seek your indulgence while you decide my case. Some attorneys call this non defined legal status as being under "color of law".

So no she does not have to go back. She's asked permission to stay while the petition is processed.

[cortez72483 1]

You're right. It isn't.

To preserve her legal status, it is preferable to file adjustment of status before the K1 visa holder's I-94 expires. You have done this.

The gap in time between I-94 expiry and approval of the green card has no legal name. Technically, once the I-94 expires, an alien is out of status. BUT if they have filed a petition for adjustment of status, they have protected themselves by virtue of that filing. In essence they are saying to the US government - I wish to stay here and I seek your indulgence while you decide my case. Some attorneys call this non defined legal status as being under "color of law".

So no she does not have to go back. She's asked permission to stay while the petition is processed.

that's the response i needed. thank you. and thanks go to everybody else on here at visa journey. god bless.

[Brother Hesekiel 2,235]

Once an AOS petition has been received by the USCIS, the petitioner enters "a period of authorized stay" until the petition has been adjudicated.

[Harpa Timsah 13,258]

In fact, if she leaves, she will automatically abandon the AOS process and you will lose all of your money and have to start all over. She should not leave the country until she has her temporary travel permission, called Advance Parole. Once she gets the GC she can work and travel without the need for extra permissions.