AOS and Visa Exp. Date

[JKD_88 0]

We have been married for a month already, we had until September 18, 2008 to get married, we got married before but we waited too long to file for AOS. I checked her Visa and it only expires on Dec. 4, 2008. So are we in trouble or are we ok as long as we file before her visa expires? I'm really worried, my lawyer sucks, he didn't advise me at all and I wasted a lot of money. Please help me guys.

[john_and_marlene 162]

We have been married for a month already, we had until September 18, 2008 to get married, we got married before but we waited too long to file for AOS. I checked her Visa and it only expires on Dec. 4, 2008. So are we in trouble or are we ok as long as we file before her visa expires? I'm really worried, my lawyer sucks, he didn't advise me at all and I wasted a lot of money. Please help me guys.

The visa expiration date is of no consequence once it was used (the day the holder used it at the POE). The length of stay without being out of status is determined by the I-94 which was good for 90 days.

Are you out of status after 90 days if you haven't filed the AOS? -- Yes

Can you file the AOS now and the out of status time will be forgiven upon successful completion of AOS? -- Yes

Will the out of status days actually count against the beneficiary if the AOS is not completed? -- Yes

[JKD_88 0]

So we're ok? We can still file and it won't be a problem? I hope that's what you meant.

Will the out of status days actually count against the beneficiary if the AOS is not completed? -- Yes

What do you mean by this? I don't understand, what do you mean "count against"? We will definately file so does it apply for us?

[Old Dominion 26]

So we're ok? We can still file and it won't be a problem? I hope that's what you meant.

Will the out of status days actually count against the beneficiary if the AOS is not completed? -- Yes

What do you mean by this? I don't understand, what do you mean "count against"? We will definately file so does it apply for us?

File ASAP so that you can provide the NOA1 as evidence, if needed, that his status is OK.

[john_and_marlene 162]

So we're ok? We can still file and it won't be a problem? I hope that's what you meant.

Will the out of status days actually count against the beneficiary if the AOS is not completed? -- Yes

What do you mean by this? I don't understand, what do you mean "count against"? We will definately file so does it apply for us?

http://www.visajourney.com/forums/index.ph...p;#entry2265011

[Eric-Pris 1,602]

As long as you got married within 90 days of arrival, you can file whenever you want, you will be ok. Some people have waited YEARS to file. You may be asked to explain why you waited a long time, but it won't affect your approval. After your I-94 expires, you are "out of status". Your "out of status" time will be forgiven once you file AOS.

[Eric-Pris 1,602]

What do you mean by this? I don't understand, what do you mean "count against"? We will definately file so does it apply for us?

It means that it's considered an overstay if you don't file AOS. For example, if the person goes back to their home country without applying for AOS. As long as you file it won't apply to you.

[john_and_marlene 162]

As long as you got married within 90 days of arrival, you can file whenever you want, you will be ok. Some people have waited YEARS to file. You may be asked to explain why you waited a long time, but it won't affect your approval. After your I-94 expires, you are "out of status". Your "out of status" time will be forgiven once you file AOS.

The out of status time is not forgiven when you file--it is forgiven upon completion. If, for any reason, the AOS is not completed or is denied, the out of status time is not forgiven.