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Applying for Change of status after the expiration of lawful status

By aa6587 in Adjustment of Status from Work, Student, & Tourist Visas

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Mark Robert Newbie

Mark Robert   0

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This is very close to my question, which I've been having trouble resolving. My German girlfriend entered legally on a tourist visa, and we've just decided to get hitched. Her visa expires in 2 weeks.

Is it the case that, as long as we get married before her tourist visa expires, then there are no negative consequences? I.e., we have some time to file all the paperwork?

I'm planning on filing I-130, I-485, etc., concurrently, but don't know if it'll all be ready and perfect within two weeks. And even if it were, what's the important date? When it's postmarked? When it's received?

Thank you thank you!

Edited by Mark Robert
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Darnell
Darnell

the I-485 plus I-130 'set' is for adjustment of status, ultimately a green card is issued and this is NOT the same process as chasing after a spousal visa. If that set is filed, one remains in

Alaska2012
Alaska2012

Don't leave the country until you got the greencard in your hand!

Hypnos
Hypnos

An immigrant visa number must be immediately available to you. This is unrelated to your nonimmigrant visa number.

Hypnos Grand Master

Hypnos   6,576

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

You can get married at any point; unless you're on a K-1 (where the visa holder must marry within 90 days of PoE) there are no restrictions on the date. However, your future wife will be out of status from the day her I-94 expires to whenever her I-485 is accepted for processing by USCIS.

In all practicality there will be little to no issues if you file a few weeks after the I-94 expires, but technically she would be deportable during that time.

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Hypnos Grand Master

Hypnos   6,576

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

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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aa6587 Explorer

aa6587   0

Posted
Filed: Citizen (pnd) Timeline
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We don't have any insurances or joint accounts as of right now, since my status is pending so we can't really do much right now. My husband and i have (along with other family members) have a one account with Sprint, like single account multiple lines, my husband said we can print out the account summary and send that along with some pictures and other paper work. But it actually doesn't say much, it doesn't show any names at all, it only shows the account name (which is a bussiness account) and the numbers. So i can't really send it like this cause how are they gonna know what the hell is that. So should i not send it, or should i attach a note with it saying that my husband and i have the same account with sprint, the name can't be seen but so and so are our numbers?

My Immigration Journey :D

 

 

 

 

6/19/2013- ALL Forms Sent to Chicago Lockbox- (i485, i130 with rest)

 

 

6/21/2013- Package received in Chicago Lockbox

 

 

6/26/2013- Email and Text Notification received in the evening- Package received and accepted at USCIS smile.png

 

 

6/28/2013- They cashed the checks- $420 + $1070 = $1490 smile.png

 

 

7/2/2013 - USCIS Mail notification received (all the forms are received and are in process)

 

 

 
7/3/13- Biometrics letter received- for 7/19/13- Day 13
 
7/9/13 - Early biometrics done! - Day 19

 

 

8/5/13 or so - Status changed for Ready for scheduling

 

 

8/20/2013 - INTERVIEW SCHEDULED FOR 9/20/2013

 

 

8/21/2012 - Interview Cancelled! ;(

 

 

8/22/2013 - 2nd interview scheduled for 24th September.

 

 

8/27/2013 - Online update - EAD card ordered!

 

 

9/5/2013 - EAD card received

 

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