AOS, Overstay, Marriage to USC

[deephouser 0]

My fiance and I are going to be getting married in a few weeks.

I am a US citizen, she is not. She is, and has been, here on a tourist visa since April. The intent was not to get married when she arrived, but now I don't want to see her leave.

Her time will expire in mid October.

I've read and read and read...please tell me if I have this straight.

1) Get married

2) File the CR-1/I-130, and AOS at the same time.

3) Wait for it all to get approved, while in the meantime she overstays her visa.

4) All is forgiven when the process unfolds.

My questions are about the overstay that is inevitable. I have read that as long as the AOS is in process before her current time expires in October that her overstay will be forgiven. I'm just not clear if I need some kind of confirmation from the government that the process in progress, or if we just send it away and wait - and when the overstay happens, it happens but will be cleared up later.

I work for the government, so I understand bureaucracy, but this is another level.

Thanks for any advice, comments, tips, etc.

[Bill and Vicky 25]

2) File the CR-1/I-130, and AOS at the same time.

AND the I-765 (Employment Authorization Document). If you file it WITH the AOS, there's no additional charge for it. If you file it separately, it'll cost you another $380.

Even if she has no intention of working, get the Employment Authorization Document. She'll feel so much better once she has it.

Yes, she's going to overstay. DO NOT let her go back. If you do, you'll have to start over again.

Care,

Bill

[deephouser 0]

AND the I-765 (Employment Authorization Document). If you file it WITH the AOS, there's no additional charge for it. If you file it separately, it'll cost you another $380.

Even if she has no intention of working, get the Employment Authorization Document. She'll feel so much better once she has it.

Yes, she's going to overstay. DO NOT let her go back. If you do, you'll have to start over again.

Care,

Bill

Thanks for the tip, Bill.

So basically I have it correct - just file it all together ASAP after the wedding and wait it out, regardless of the overstay.

Great tip on the other form.

I appreciate the straightforward answer.

[payxibka 10,045]

AND the I-765 (Employment Authorization Document). If you file it WITH the AOS, there's no additional charge for it. If you file it separately, it'll cost you another $380.

Even if she has no intention of working, get the Employment Authorization Document. She'll feel so much better once she has it.

Yes, she's going to overstay. DO NOT let her go back. If you do, you'll have to start over again.

Care,

Bill

no charge if you file it with or AFTER the I-485. Fee applies only if you are eligible to submit the I-765 by itself, which the OP cannot as they would have no basis without the I-485 first.

[missicy 87]

My questions are about the overstay that is inevitable. I have read that as long as the AOS is in process before her current time expires in October that her overstay will be forgiven. I'm just not clear if I need some kind of confirmation from the government that the process in progress, or if we just send it away and wait - and when the overstay happens, it happens but will be cleared up later.

When she files I-485 and her application is accepted for processing, she enters a new period of authorized stay. Not exactly a legal status, but she can stay in the US while her AOS is being adjudicated. She will get a confirmation in the mail that her AOS is in process - Notice of Action (I-797) with her case number. When AOS is approved her overstay will be forgiven.

[Harpa Timsah 13,258]

If you get your application accepted before her authorized stay expires, she actually will not have any overstay. Because, as noted above, once her application is accepted for initial review, she enters a NEW period of authorized stay, and is permitted (must stay, in fact) until her application is adjudicated. If she wants to travel, she can apply for temporary travel permission called Advance Parole with the I-485. That is also free if filed with the I-485. Good luck.