aos Visa expires in June

[NAZAART 5]

Hi guys again!

 

Guys I'm adjusting from b2 visa. My b2 expires in June so I'm a little bit scared because we haven't submit the papers yet. am I still fine if I fill the paperworks before June? 

everything will be ok if I do that. We are just filling the affidavit and in the next 2 weeks we're on our way. Or do I need to file an I-539 (APPLICATION TO EXTEND/CHANGE NONIMMIGRANTS STATUS)?

 

Please someone who knows about this situation let me know below. Thanks to you guys! 

 

Edited April 24, 2017 by NAZAART

[geowrian 22,337]

Once you file for AOS as the spouse of a USC, you enter a period of authorized stay while your case is pending.

 

If you are adjusting based on other circumstances, please state why so people can be of additional help.

Edited April 24, 2017 by geowrian

[Hypnos 6,576]

Once in the US, your period of authorised presence is governed by your I-94, not your visa. The visa expiring has no effect on anything other than you cannot use it to attempt to enter on again. 

[NAZAART 5]

9 minutes ago, Hypnos said:

Once in the US, your period of authorised presence is governed by your I-94, not your visa. The visa expiring has no effect on anything other than you cannot use it to attempt to enter on again. 

My I-94 expires in june too so what do I do in this case?

[Hypnos 6,576]

If you're filing for AoS in the next couple of weeks then you don't need to do anything else; as stated above, once your I-485 is accepted by USCIS this places you into a fresh period of authorised stay which will persist until that application is adjudicated. 

[inloveVEN 46]

commonly the validity of your visa, should be the same date as your i.94. But in your case once you start the petition process then you are authorized to stay as well as your AOS is pending.

[Mollie09 1,543]

10 hours ago, inloveVEN said:

commonly the validity of your visa, should be the same date as your i.94. But in your case once you start the petition process then you are authorized to stay as well as your AOS is pending.

That's not true, people usually have 10-year visas and get 6-month authorized stays in their I-94s. What governs their stay is the I-94, not the visa.

[inloveVEN 46]

Sorry if I didn't explain In a better way so you could understand. But what I Said was that The Date that you wI'll be asked to leave  USA will never be after your visa expiration day . But with an AOS pending this date stamped is not important to stay till a final decision about your status.  Not everyone has a 10 years visa and not everyone has a 6 month authorization to stay. Some visas are only valid for 1 week 1 day and this is not the point.

[Mollie09 1,543]

11 minutes ago, inloveVEN said:

Sorry if I didn't explain In a better way so you could understand. But what I Said was that The Date that you wI'll be asked to leave  USA will never be after your visa expiration day . But with an AOS pending this date stamped is not important to stay till a final decision about your status.  Not everyone has a 10 years visa and not everyone has a 6 month authorization to stay. Some visas are only valid for 1 week 1 day and this is not the point.

This is also not true. You can enter the US on the day your visa expires and be given 6 months on your I-94.

A visa needs to be valid when entering, that's it. Everything else is governed by the I-94.

[geowrian 22,337]

12 minutes ago, inloveVEN said:

Sorry if I didn't explain In a better way so you could understand. But what I Said was that The Date that you wI'll be asked to leave  USA will never be after your visa expiration day . But with an AOS pending this date stamped is not important to stay till a final decision about your status.  Not everyone has a 10 years visa and not everyone has a 6 month authorization to stay. Some visas are only valid for 1 week 1 day and this is not the point.

@Mollie09 is correct. The visa expiration date is irrelevant for the I-94. This applies even for a single-use visa (which is canceled the moment it is used, so it has no validity anymore).

[NAZAART 5]

Thanks to you all guys! and sorry I explained myself wrong I have a 10 year visa and my I-94 expires in June.