AOS package to be sent soon

[Rob & Chris 0]

So we're preparing to send the I-485 package list pretty soon and we're just waiting for my husband's paystubs from his new job. It took us more than a year to come up with the fees and working on the I-693, EAD, SSN, etc. and also my husband working on a much more stable job for the I-864.

Now, my visa is about to expire soon and I don't know how long or fast the processing for the I-485 will be. Should I apply for an AP or an extension of non-immigrant status? Or should I just let my K-3 visa expire and wait for the approval of my AOS status?

I've read somewhere in the forums that if the non-immigrant status has already expired but the AOS status is already in process, the K visa though expired would still be considered valid. Or I might be wrong. Please help me be enlightened on this case scenario.

Any sound advice would greatly be appreciated.

Thank you and goodluck to all of the VJ people out there.

Chris

[Reba 2]

if your K3 visa expires but you have sent in your AOS application, your status is "adjustment pending" and is legal. However, if you wish to leave the US for any reason, you will need an AP.

[maria_b84 0]

Or u can ask for an extension of the K3 Visa before it expires, that way you won't need AP. The problem is that USCIS does't like to give extensions because when the isssue the Visa and u enter the country they trust u and assume u'll do the AOS as soon as possible. Thats why sometimes they dont give extensions. They say u had 2 years to do the AOS why u didnt apply before? No matter what they think 2 years is more tan enough to apply for AOS. But at the very worse, u can always apply for AP.

I'm not a lawyer (very far from being one) but thats where I read on the internet and believe I have done at lot of search in the past 2 years!

Good Luck!!!!

Maria

[WretchedMidget 0]

...

Now, my visa is about to expire soon and I don't know how long or fast the processing for the I-485 will be. Should I apply for an AP or an extension of non-immigrant status? Or should I just let my K-3 visa expire and wait for the approval of my AOS status?

...

I'm kind of in the same boat, except that we put off AOS because we figured we would just move back to Canada. We have since changed our minds and decided to stay, and my K3 expires in October. We're pretty much done with NVC (we decided to do consular processing because I wanted to go back to Montreal), but I know it can take a few months to get an interview date.

I know the process to get an extension, even if it's unlikely that it would be given. Is there any way to get the EAD extended, if we received an extension on the K3? It'll expire when the K3 does and I really don't want to have to go without a job for any amount of time... might be kind of difficult to pay the mortgage on the house that we just bought..