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Filed: Country: Philippines
Timeline

My Fiancés visa was approved 6/18/2012. Considering she was 34 weeks pregnant w/my child she immediately flew to the US arriving on 6/21. Due to her pregnancy, we wed the very next day (6/22) so that I may add her onto my medical benfits plan. On 8/3/2012 our daughter was born. All our focus and attention has been centered around our new born for the past month. With that being said, we completely forgot about my wifes visa which expires on 9/18/2012. I read online that we need to file for an adjustment of status that costs >$1K. Considering expenses related to having a new born, we just don't have that money right now.

Question: Do we need to file for adjustment of status before her visa expires? And is there anyway to notify immigration that my wife and I are already married without filing for the adjustment of status?

Thoughts or guidance in this regard will be greatly appreciated! Thank You.

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Filed: Citizen (apr) Country: Argentina
Timeline

Hi!

Her visa served its purpose as soon as she came into the US, so don't worry about its expiration date as it does not matter anymore.

You can file AOS as soon as you have the means to do so, don't worry about deadlines. The sooner, the better, though... so you may want to try and save the $1070 you need to file for AOS.

**Moved from K1 to AOS from family visas

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I would also add that after your K1 visa expires and before you file for the AOS, your gal will be, for immigration purposes, "out of status." This shouldn't be a problem unless questioned by law enforcement or some other legal official in the USA. Like the previous poster stated, the sooner you file for the AOS the better...

Regards,

Sid

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You can file anytime after marriage. But as everyone said, The sooner the better.

Timeline

01/03/2017 N400 Priority Date
01/30/2017 Biometrics
02/01/2017 Case in Line for Interview
08/04/2017 Interview Scheduled. Waiting for mail notice..
 

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