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Filed: K-1 Visa Country: Peru
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Posted

i got married within the 90 days, but my i-94 expired and i havent filed for an AOS. Ive read some post from years ago where apparently you dont need to also file the I-130 form, but in recent post from other sites, some lawyers agree to the premise that as the beneficiary is now on a visa overstay, therefore with  an unlawful status, the petitioner (my husband) has to file the already mentioned form.

Has anybody dealt with this issue in recent years or know how to proceed?

thanks a lot in advance.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
49 minutes ago, AA90 said:

i got married within the 90 days, but my i-94 expired and i havent filed for an AOS. Ive read some post from years ago where apparently you dont need to also file the I-130 form, but in recent post from other sites, some lawyers agree to the premise that as the beneficiary is now on a visa overstay, therefore with  an unlawful status, the petitioner (my husband) has to file the already mentioned form.

Has anybody dealt with this issue in recent years or know how to proceed?

thanks a lot in advance.

File the I-485.  Technically you are on overstay but will be forgiven upon approval of the green card

YMMV

 
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