What if AOS doesn't happen before Visa expires

[Houston Pinoy 0]

Having read that the timeframe for receiving the change of status (getting the greeen card) can be anywhere from 4 - 6 months, what happens if we've sent everything and everything is going according to the timeframes (i.e. "plan") and something gets stuck? Will my girl have to go home if her Visa (J-1) expires while waiting for the green card/COS process?

Or would there be something we could do to make sure she stays here, and still be able to work, while waiting for the completion of the application approval process?

[JohnR! 5,495]

The moment her J1 expires she will have to stop working, however she will not need to leave the country if her green card is based on marriage with a US citizen. The only problem she might have is if her J1 visa calls for a two year return to her home country. Provided it does not, the moment her visa expires she will be out of status and will have to wait for her EAD before she can work again.

Good luck'

[Houston Pinoy 0]

The moment her J1 expires she will have to stop working, however she will not need to leave the country if her green card is based on marriage with a US citizen. The only problem she might have is if her J1 visa calls for a two year return to her home country. Provided it does not, the moment her visa expires she will be out of status and will have to wait for her EAD before she can work again.

Good luck'

Thanks

We'll be requesting the No Objection Statement for J-1 Visa from the Phillipines consulate first, and once we get that then we'll be applying for the green card. Hopefully it doesn't take long to get the NOS from the Phillipine consulate, because that will be the the time consuming part of this if it does.