AOS Application Rush, Need Answer Please

[CrabKitty 0]

I'll jump straight to it. My wife is a citizen of the UK. On her most recent stay in the US we randomly decided to get married, and we now have all of the appropriate forms prepared to mail to the Chicago, IL USCIS office. (I-130 Package and a I-495 Package) However, we are unable to send the paperwork until this Monday, which will lead to it arriving at the office by 3PM on Tuesday afternoon.

My problem is that her current Visa runs out on Tuesday, and I want to know if the forms will have time to process before she has to leave so that she may remain in the US as we wait for her biometric fingerprinting and interview? Or will she be staying illegally if she doesn't leave on Tuesday afternoon as originally intended?
Thanks so much for anyone who can give us an answer!

[Gosia & Tito 199]

Processing of AOS takes months (except in the movies).

She can still remain in the country in the meantime, but will not be able to work. If she does leave, she will not be able to get back until process is complete.

She'll be overstaying, but it will be forgiven upon approval of the petitions

[W Mark and Carol 0]

I'll jump straight to it. My wife is a citizen of the UK. On her most recent stay in the US we randomly decided to get married, and we now have all of the appropriate forms prepared to mail to the Chicago, IL USCIS office. (I-130 Package and a I-495 Package) However, we are unable to send the paperwork until this Monday, which will lead to it arriving at the office by 3PM on Tuesday afternoon.

My problem is that her current Visa runs out on Tuesday, and I want to know if the forms will have time to process before she has to leave so that she may remain in the US as we wait for her biometric fingerprinting and interview? Or will she be staying illegally if she doesn't leave on Tuesday afternoon as originally intended?

Thanks so much for anyone who can give us an answer!

As far as I am aware - visa "overstays" are waived for immediate relatives (i.e. wife of a US citizen) providing you meet all the other criteria for AOS approval.

What kind of visa did you wife travel here on? If it wasn't a K1 Fiancee visa, then I think you should be prepared to have definitive proof that you did not intend to marry before she arrived here on her last visa.

I am a UK citizen, married to US citizen, arrived on a K1 Fiance visa which expired long before we were able to complete our AOS, but my green card was approved without too much trouble. Just make sure your paperwork is all in order.

[nobbie 105]

Strictly speaking she will be in overstay once her entry stamp runs out which is what I assume you mean by her visa runs out, Once you file for AoS and have the NOA1 form she will be in a period of authorised stay until the case is decided.

Ignore all the stuff about K1 as

A: you are not on a K1 visa

B: a K1 expires the day you enter the US, I think the folk above misunderstand, anyway not relevant to you.

What I am not sure about is whether she needs to file a 131 and 765 for EAD and AP being as how you're married, I am sure someone else will chip in.

She will need to stay in the US now for some time so I hope all the loose ends in the UK are sorted.

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Inquiry about adjusting from VWP~

[Christine22 2]

If you are married; she has to go back to UK and you file the I130. wait like 6 months and she will be processed. Even tho you are married; she will be out of status as of tuesday and here illegally. She cannot wait for the I 130 to process. You dont do the aos until they have already been approved on the I130. Sorry, but you will have to be separated for about 6 months or more.

[MacUK 983]

If you are married; she has to go back to UK and you file the I130. wait like 6 months and she will be processed. Even tho you are married; she will be out of status as of tuesday and here illegally. She cannot wait for the I 130 to process. You dont do the aos until they have already been approved on the I130. Sorry, but you will have to be separated for about 6 months or more.

Totally inaccurate.

The wife can adjust status, she has to be prepared that she won't be able to return to the UK for at least 3 months.

[ValerieA 350]

Once you have filed for AOS and it has been accepted by USCIS, your wife is in a period of authorized stay until her green card is approved. Overstay is forgiven for spouses of US citizens - although it looks like her overstay won't be more than a few days, if that - so don't worry about that. NOTE: she can NOT leave the US until she receives her AP or green card, or the process will be deemed to be abandoned.

[CrabKitty 0]

Thank you so much to everyone that replied. We have sent off the application papers, and we're now waiting for approval. Everyone here has been a constant source of great help and advice.

[blueniv 5]

If you are married; she has to go back to UK and you file the I130. wait like 6 months and she will be processed. Even tho you are married; she will be out of status as of tuesday and here illegally. She cannot wait for the I 130 to process. You dont do the aos until they have already been approved on the I130. Sorry, but you will have to be separated for about 6 months or more.

This is 100% b%ll$h!t. She doesn't have to leave the country and will be absolutely fine once USCIS receives the I-485.

[CdnRN 40]

Christine22 is completely incorrect. Your wife is here, you two CAN file to AOS. File I-130 concurrently with i-485, make sure to include I-765 (EAD) and I-131 (AP) and she will be just fine. Any overstay is forgiven for spouses of USC.

Just know she CANNOT leave the IS while the application is pending until she holds her EAD/AP combo card.

*IS should be US - attempting to type on a phone fail...

Oh I missed the post where you've file already.. Great! If you didn't file the I -765 and I-131 you can still do so once you have your NOA1 in hand.