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Filed: K-1 Visa Country: United Kingdom
Timeline

Hi,

I'm aiming to send off my AOS documentation next week, but before I send it off I just wanted to check something re: my passport. My passport expires in December 2014, does anyone know if this is ok? Does the passport need to be valid for a certain amount of time when applying for AOS? Or should I be ok applying with a passport that expires at that time?

Thanks

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Filed: Timeline

From what I understand, any document with an expiration date is valid up to the day it expires. As such, I believe you have from today up to the expiration date in December 2014 that is listed in your passport. If your AoS submission is done before the passport expires, then that should be good enough.

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Hi,

I'm aiming to send off my AOS documentation next week, but before I send it off I just wanted to check something re: my passport. My passport expires in December 2014, does anyone know if this is ok? Does the passport need to be valid for a certain amount of time when applying for AOS? Or should I be ok applying with a passport that expires at that time?

Thanks

Let's see here. The evidence you need to submit for AOS from a K-1 visa is: 1) a copy of the non-immigrant visa in your passport, 2) copy of the petition approval (NOA2), 3) copy of the I-94, 4) copy of marriage certificate, 5) copy of foreign birth certificate, 6) I-693 medical exam if immunization record was not complete or a copy of the DS-3025, 7) I-864.

Nowhere does it talk about the bio page of your passport. Your passport could expire and you can still file for AOS. You just cannot travel internationally until you renew your passport as most countries require 6 months of validity beyond the intended date of return. Also, what do you have as a valid (as in unexpired) form of ID until the GC arrives--God forbid the GC processing takes 11 months. So you can renew your passport when it is convenient for you.

Good luck,

Dave

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Filed: AOS (apr) Country: Australia
Timeline

As a rule of thumb based solely on my experiences with visas I would say as long as you have 6 months validity you should be fine but my experiences likely don't even apply here and it could well be irrelevant as others have stated. I would submit your AOS as planned and then depending on the time it takes your consulate to renew a passport abroad I would renew your passport regardless of the status of your AOS, your green card shouldn't be tied to your passport at all so it shouldn't matter.

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