inbetween statuses

[touyakun 0]

Ive called USCIS, and have been told by numerous operators that as long as my wife enters the country legally, then she is allowed to stay even if her current visa expires. However, I've just read on the I-485, that one of the reasons you can be denied adjustment of status is if you file after your visa expires.

does anyone have any experience with this? she is applying for permanent residence, does this differ from adjustment of status?

Thank you very much in advance.

[summersurf 10]

Hellow,

Your wife entered the country using K-1 visa, right?

So she needs to adjust her status from the K-1 visa holder to Permanent Resident (Form I-485) and its always the best to do that soon after you got married, within the 90 days before the visa expired, when the visa expired and she hasnt filed for Adjustment of Status (AOS), then she'll be out of status. But you said she is applying for the Permanent Resident now, correct? So it'll be fine.

Once her AOS approved, that makes her a Permanent resident. Alright? hope it dont get you confused.

[Nik+Heather 122]

Many people successfully adjust status even if they file for it after their I94 (different from visa) expires.

It is not recommended to be out of status because it can cause all sorts of trouble for you. If something happens back in her country (death, illness), she can't travel there - or rather, can't come back if she does. If something happens to you, and she hasn't adjusted, she'll have to go back as well. More commonly, if she goes anywhere near a border, there is potential that she can be held while they confirm her legal status (which is - NO legal status!)

Even with Advanced Parole as an Adjustment Applicant, if she has accumulated more than 180 days our of status, she can be turned away at POE if she leaves and tries to come back.

Please make adjustment the highest priority in your life even if it means borrowing money - your wife is in legal limbo right now. It's not fair to her.

Edited October 26, 2009 by Nik+Heather