O1 visa & marriage

[cyndamoore 0]

Hello,

I am an Australian currently on an O1 visa that expires in about 8 months.

I have been in a relationship with my US partner for close to 3 years and we are wanting to get married. I know I can adjust my status from my O1 however I'm wondering if anyone know how much time before my O1 expires can I do this. We both live in NYC and we don't currently live together but want to and it's been really hard to find a place we like that's in our budget. I want to take the time to find our place before we're married but I also don't want to leave things too late.

I would also really love some general pointing of direction in where to begin as I'm feeling a little overwhelmed with it.

Thanks!

[Chancy 6,243]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

6 minutes ago, cyndamoore said:

I have been in a relationship with my US partner for close to 3 years and we are wanting to get married.

 

By "US partner", do you mean that your partner is a US citizen?  If so, there's no hard deadline for you to file for adjustment of status, but it would be best to do so before your O1 status expires.  After you marry and file your I-485 package, you will get the receipt notice for the I-485.  That will serve as proof that you are authorized to stay in the US while your I-485 case is pending, even if your O1 has already expired.  Without that I-485 receipt, you have no proof that you can legally stay in the US.

 

Check out VJ's AOS guide here --

 

[Boiler 45,907]

I would avoid going out of status.

[OldUser 7,243]

Just my opinion, applying for AOS when you're close to your O1 status expiration or when you're out of status may be a red flag for IO. If you were already living together, married and submitted I-130, I-485 etc 6-8 months it would look better, e.g. you're not basing your life on immigration.

[cyndamoore 0]

Thank you for this! Would you recommend I get a lawyer for this process or is it relatively straightforward if I follow that guide Chancy linked? I got a lawyer for my O1 but that was because it was very involved. Would love to hear any thoughts. Thank you!

[OldUser 7,243]

@cyndamoore it depends on your immigration history and other factors. I would think of hiring a lawyer in cases similar to this:

 

- You or you spouse were married before

- Your spouse got their citizenship via prior marriage to a US citizen

- You have kids from prior marriage

- You're from unfairly treated countries in Africa or Asia (Pakistan, Syria, Nigeria etc.)

- You had visa overstays

- You or your spouse had criminal charges

- You had difficult times getting O1

 

Otherwise you can guys do it yourself. All depends on comfort level.

 

Good luck!

 

[cyndamoore 0]

Oh great, thank you! None of the above apply to me so hopefully I should be ok!