AOS from L1-B to LPR

[dancasoo 0]

Hi ,

Hoping someone can help me out with situation. I am currently working in the US on an L1-B visa. This visa expires in Sept 09. Got notice from my company that I am to be laid off. My last working day will be June 30th. I am engaged to a US citizen. My understanding is that if we marry, she can file a petition to adjust my status. Do I have to leave the country on June 30th, so as not to fall into visa overstay problems? I realize there probaly isn't any hard and fast timelines on this question, but from the day we marry, how long would it normally take to get a petition filed, and allow me to stay legally in the US ? My worry is that we marry in May, and come June 30th I'll need to leave her for an undefined duration. Any help is greatly appreciated.

[KIMCORENE 0]

Hi ,

Hoping someone can help me out with situation. I am currently working in the US on an L1-B visa. This visa expires in Sept 09. Got notice from my company that I am to be laid off. My last working day will be June 30th. I am engaged to a US citizen. My understanding is that if we marry, she can file a petition to adjust my status. Do I have to leave the country on June 30th, so as not to fall into visa overstay problems? I realize there probaly isn't any hard and fast timelines on this question, but from the day we marry, how long would it normally take to get a petition filed, and allow me to stay legally in the US ? My worry is that we marry in May, and come June 30th I'll need to leave her for an undefined duration. Any help is greatly appreciated.

One major factor is how long it will take for you to receive the certified copy of your marriage certificate- I know it took us about 20 days after our wedding to receive ours. As long as your AOS has been filed, though your L1-B status would no longer be valid, you r status would be considered "pending AOS" and your receips would be proff of this. Though you wouldn't have a strict immigration "status", you wont be illegal either- kinda in a gray area.

Edited April 2, 2009 by KIMCORENE

[dancasoo 0]

We'll be getting married in Vegas, so we'll probaly get our marraige cert pretty quickly. My main concern is the other documentation needed, when filing for AOS. For instance, does a my passport suffice instead of a birth cert? I don't have my birth cert with me, and it might take a while to get.

[Anh map 2,098]

Read through the guides here on VJ. Both living in the US you will file the I-130 to adjust status.

[dancasoo 0]

Thanks for the replies. I understand that we need to file for AOS, using the 130 form. My concern is if we have enough time to file the nessisary paperwork to allow me to stay in the US, pending a decision on the AOS application.