When to file by?

[Aloe 10]

My Us bf and I are getting married we have been planning this for some time but have been waiting for paperwork from my home country Australia and have had a few hiccups.

My B@ visa expires May 17. When do we HAVE to be married and file the petition by to ensure it is received before my visa expires?

[Bobby+Umit 161]

You have to apply for the AOS before your authorized stay expires. So get married asap and file for the AOS.

[Jon&Lindsey 0]

You do not HAVE to file before your authorized stay expires, although it is advisable to do so. Plenty of people on VJ (myself included) have filed after their stay expired and successfully adjusted, as overstay by USC's spouses is generally forgiven. However, overstay does complicate your situation and potentially makes the process more risky (during your out of status time no one will come knocking, but if you had to prove your immigration status for any reason, you would be in trouble; also, maybe one day they will stop forgiving overstays?) so it's best to do everything you can to file before the date on your I-94 so as not to take any additional chances.

[Bobby+Umit 161]

You do not HAVE to file before your authorized stay expires, although it is advisable to do so. Plenty of people on VJ (myself included) have filed after their stay expired and successfully adjusted, as overstay by USC's spouses is generally forgiven. However, overstay does complicate your situation and potentially makes the process more risky (during your out of status time no one will come knocking, but if you had to prove your immigration status for any reason, you would be in trouble; also, maybe one day they will stop forgiving overstays?) so it's best to do everything you can to file before the date on your I-94 so as not to take any additional chances.

Actually, if you go by the instructions in the I-485, it states under Section 10 Who is not Eligible to Adjust Status?, Part D.:

D. Your authorized stay expired before you filed this application;

your suppose to do it before.

I only go by what the instructions state, not what "might" happen in this case. (guess it's the Navy in me, always bet on a sure thing.)

You are correct that generally it is forgiven, but if they play hardball, you are out of luck.

So my advice still stands, stick to the instructions to avoid any unneeded and costly problems down the road.

Edited March 24, 2009 by Bobby_Umit

[Jon&Lindsey 0]

You do not HAVE to file before your authorized stay expires, although it is advisable to do so. Plenty of people on VJ (myself included) have filed after their stay expired and successfully adjusted, as overstay by USC's spouses is generally forgiven. However, overstay does complicate your situation and potentially makes the process more risky (during your out of status time no one will come knocking, but if you had to prove your immigration status for any reason, you would be in trouble; also, maybe one day they will stop forgiving overstays?) so it's best to do everything you can to file before the date on your I-94 so as not to take any additional chances.

Actually, if you go by the instructions in the I-485, it states under Section 10 Who is not Eligible to Adjust Status?, Part D.:

D. Your authorized stay expired before you filed this application;

I didn't know that, so thanks for pointing it out . I was just going on my experience and what I have read from others here. So yes I agree, it's definitely best to file before your status expires