J1 to B2 to AOS should we file before my B2 expires?

[czechgirlpower 0]

Hello everyone,

I came to the US as an au pair (J1) in August 2017 and I moved from NY to Atlanta in December 2018. Since I extended my J1 visa for a year my visa was valid until end of August 2019, I applied to change status from J1 to B2, got it approved and applied for an extension which expires on 08/27/2020.

I met my now husband in August 2019, but we weren’t in a serious relationship back then. I moved in with him in March 2020 due to COVID-19 and we decided to get married later on. We ended up getting married on 07/07/2020 and have most of the forms ready. My question is, should we send everything before my visa expires on 08/27/2020 or is it ok if we send it later?

The last time I entered the US was December 2018 so I’m not worried about “entering with an intent” since we didn’t know each other yet, but I am worried about overstay of my B2 visa. He is a US citizen who is just now filing his taxes so that’s why we’re running out of time.

Please, let me know your thoughts!

[geowrian 22,338]

If your spouse is a US citizen, then any overstay is not a bar to AOS.

That said, there is nothing good to happen by overstaying and it would be against this website's TOS to advise you to do so.

File before status expires.

Edited August 14, 2020 by geowrian

[czechgirlpower 0]

@geowrian thank you! We will try to send it ASAP, especially now that you’re not required to include I944 in your package. Hopefully he will get his taxes sorted out this weekend.