I-94 is expired - do I need to show valid VISA for I-485?

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Hello,

I am a US Citizen and applying I-485 for my wife who is in the F-1 Status. She came here with VISITOR VISA, but she converted to F-1 in U.S. I-94 is expired. I-485 instruction does not require to send a copy of valid and non-expired VISA. However, I am wondering if we should include a copy or not. Does it help? Or is it completely unnecessary?

[Harpa Timsah 13,258]

The I-485 does require a copy of the visa, see instructions, page 3, item 3. You are also filing a I-130, correct?

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She came in with a VISITOR visa. This VISITOR visa is shows in her passport, but this is expired. She converted to F-1 Status, but has not been to a Taiwan Consulate to get a VISA stamped. Should I send a copy of the F-1 Status approved by USCIS?

And yes, I am filing I-130 as well.

[Hide 0]

The instruction states:

If you have obtained a nonimmigrant visa(s) from a U.S. Embassy or consulate abroad within the last year, submit a photocopy(ies) of the page(s) of your passport containing the visa(s).

In her case:

1. she got the visa abroad, but not "within the last year"

2. she got the F-1 status, but acquired in U.S., thus, not abroad

I am wondering if I should send a copy of the letter sent by USCIS showing F-1 status since the original visitor visa is expired.

[Harpa Timsah 13,258]

Submit both copy of tourist visa and approved F-1 status.

You do not need a valid visa to file AOS - overstay is irrelevant/forgiven for spouses of USCs. Good luck.

[Freedomworthall 0]

If it was applied during last year, submit a copy of that even it is expired.

[graduate 1]

Does anyone know if you only have to send a copy of the visa if it was acquired within the last year?

[gildayjason 2]

You have to send a copy of whatever visa pertains to the beneficiary's current presence in the U.S.--I'm not sure where you got the "acquired in the last year" from. For example, my F1 visa was issued in 2007; I sent a copy in with my I-485 since that's the visa I used in my last entry before AOS. In the case of the OP, yes, I'd send a copy of both the tourist visa and the adjustment to F1.

[ceadsearc 516]

The instructions say within the last year which is where the OP got that from.

I would send it anyway. Better to prove you entered legally right away.

[graduate 1]

That's what I figured. Send it to be on the safe side!